ORD 1999-27 - Acquistion - Willow Street 09-21-1999ORDINANCE NO. 99-27
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 PURPOSES (WILLOW STREET); DIRECTING
THE CITY ATTORNEY TO INSTITUTE CONDEMNATION
PROCEEDINGS IN THE EVENT SUCH OFFERS ARE 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 Willow Street from Sam
Houston Avenue to Bowers 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 easements described below for the purpose of constructing
Willow Street from Sam Houston Avenue to Bowers Boulevard in the City limits of
the City of Huntsville, Texas:
That certain 30 -foot wide utility and drainage easement out of a parcel of land in the
M. Johnson Survey, A -299 and P. Gray League, A -24, both in Walker County,
Texas, and being fully described on Exhibit "1" attached hereto, owned by The
Miami Apartments, Ltd;
That certain 10 -foot wide utility easement out of a parcel of land in the M. Johnson
Survey, A -299 and P. Gray League, A -24, both in Walker County, Texas, and being
fully described on Exhibit "2" attached hereto, owned by The Miami Apartments,
Ltd;
Three (3) temporary construction easements out of a parcel of land in the M.
Johnson Survey, A -299 and P. Gray League, A -24, both in Walker County, Texas,
and being fully described on Exhibits "3 ", "4" and "5" respectively and attached
hereto, owned by The Miami Apartments, Ltd;
One (1) temporary construction easement out of a parcel of land in the M. Johnson
Survey, A -299, Walker County, Texas, and being fully described on Exhibit "6"
attached hereto, owned by Texas Paper Moon Apartments, Ltd.;
Section 2: That the City Attorney is authorized and directed to make an offer of $3,369.90 to
The Miami Apartments, Ltd. for the easements described in Exhibits "I" through "5 ",
and an offer of $100.00 to Texas Paper Moon Apartments, Ltd. for the temporary
construction easement described in Exhibit "6 ", and the offers shall provide that if
they are not accepted within ten (10) days after receipt, the City of Huntsville will
consider such offers refused and will institute condemnation proceedings.
Section 3: That in the event that the offers are 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 easements for the
construction of Willow Street from Sam Houston Avenue to Bowers Boulevard, and
the City Attorney is authorized to institute condemnation proceedings against the
property owners 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 offers 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 offers not be accepted, the amount finally awarded to the owners in the
condemnation proceedings, 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 21 st day
of September, 1999.
THE CITY OF HUNTSVILLE
William B. Green, Mayor
ATTEST:
-�j I
DDLanna We Secretary
i(auoll�sham, �C�ity A�ttomey
UTILITY/DRAINAGE EASEMENTS
THE MIAMI APARTMENTS, LTD.
Tax ID No. 6000 - 003 -0 -00100 and 6000 -005 -0 -00100
r
Project No. 98 -08 -05.5
THE STATE OF TEXAS §
COUNTY OF WALKER §
KNOW ALL MEN BY THESE PRESENTS that ISRAEL WEINBERG and DAVID ALKOSSAR,
General Partners ofTHE NIIANU APARTMENTS, LTD., hereinafter called Grantor, in consideration
of the sum of one dollar ($1.00), grants, sells and conveys to the CITY OF HUNTSVILLE, 1212
Avenue M, Huntsville, Texas 77340, easements, to enter upon and construct Willow Street, water,
sewer and drainage lines, together with all related appurtenances and improvements. The City of
Huntsville shall have the right at all times of ingress and egress to and from and upon said easements
for the purpose of construction, reconstruction, inspection, patrolling, all or parts of its respective
systems without the necessity at any time of procuring the permission of the property owner. The
City of Huntsville shall have the right to move and keep moved all or part of any building, trees,
shrubs, other growths or improvements that in any way endanger or interfere with the construction,
maintenance, or efficiency of its respective systems on any of the easements. The City of Huntsville
shall not be responsible for replacing or reimbursing the property owner due to removal or relocation
of any obstructions in the easements. The City of Huntsville shall replace all existing fencing that
crosses the easements to existing or better conditions and install and maintain gates within the
existing fences that cross the easements. The easements will be over and across certain lands and
premises situated in the M. Johnson Survey, A -299 and P. Gray League, A -24, both in Walker
County, Texas and being out of and a part of the following described tracts:
Utility/Drainage Easement I - See Exhibit "All Attached
Utility Easement 2 - See Exhibit "B" Attached
In addition the Grantor grants temporary construction easements for the construction of Willow
Street, water, sewer and drainage easements and all related appurtenances and improvements. The
temporary construction easements shall expire upon the completion of construction and acceptance
by the City of the Willow Street project and are described as Temporary Construction Easements
3, 4, and 5 and being more definitely described as Exhibits "C ", "D" and "E", respectively and
same are attached herewith and shall be used only during the construction and testing phase of the
proposed street, water, sewer, and drainage lines, together with all related appurtenances.
to have and to hold the easements and temporary construction easements, together with all and
singular the rights and appurtenances thereto in anywise belonging, to the City of Huntsville, Texas,
its successors and assigns forever. Grantor does hereby bind themselves, their heirs and assigns, to
warrant and forever defend all and singular the easements and temporary construction easements to
the City of Huntsville, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
Executed this day of
THE MIAMI APARTMENTS, LTD.
ISRAEL WEINBERG, General Partner DAVID ALKOSSAR, General Partner
THE STATE OF CALIFORNIA,
COUNTY OF
This instrument was acknowledged before me on the day of A.D., 1999, by ISRAEL
WEINBERG and DAVID ALKOSSAR, General Partners for THE MIAMI APARTMENTS, LTD.
Notary Public, State of California
jj 1,
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THE STATE OF TEXAS
COUNTY OF WALKER
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 bearings are based on City of Huntsville Control Monument FA16 (GRID
N= 10,245,047.59, GRID E= 3,796,448.30), Distances and Coordinates are "Grid" and
may be converted to "Horizontal Surface" by dividing by a combined scale factor
of 0.99988. Bearings are "Grid" based on the herein referenced City of
Huntsville Control Monuments.
30 FEET WIDE UTILITY & DRAINAGE EASEMENT 1
Being 0.179 acre of land out of the P. Gray Survey, Abstract No. 24,Walker
County, Texas and out of a called 2.514 acre tract described in a deed to The
Miami Apartments, LTD. recorded in Volume 162 Page 407 of the Official Public
Records of Walker County, Texas and being more particularly described as
follows:
Commencing at a 1 1/4 inch iron pipe found in the westerly right of way line of
Willow Street(based on a width of 50 feet) for the northeast corner of said
called 2.514 acre tract, and the southeast corner of the Sam Houston State
University tract recorded in Volume 259 Page 335 of the Walker County Deed
Records and having grid coordinates of N= 10,254,790.91 and E= 3,801,279.58;
Thence S01 °30130 11E with said westerly right of way a distance of 102.46 feet to
the POINT of BEGINNING of the herein described tract, and having grid
coordinates of N =10,254,688.49 and E= 3,801,282.28;
Thence SO1 °30130 11E with said westerly right of way a distance of 30.06 feet to
point for corner;
Thence S85 000138 "W a distance of 258.60 feet to a point for corner in the
easterly line of that called 1.47 acre tract described in a deed, Texas Paper
Moon Apartments, Ltd., recorded in Volume 331, Page 324 of the Official Public
Records of Walker County, Texas;
Thence NO3 °36104 "W with said easterly line a distance of 30.01 feet to a point
for corner;
Thence N85 °00'38 "E a distance of 259.70 feet to the POINT of BEGINNING and
containing 0.179 of one acre or 7,775 square feet of land.
PLAT OF EVEN DATE ACCOMPANIES THIS DESCRIPTION.
Surveyed in April, 1999. 99
WILLIAM L. MCCOWN, R.P.L.S. #1719
Revised: 5 -17 -99
98029 -005 PUE -1.doc
SaC�
0 50 100 1:)u
SCALE 1"-50'
WALKER COUNTY, TEXAS.
M. Johnson Survey. Abs. No. 299
SAM HOUSTON STATE
UNIVERSITY TRACT
VOL.259, PG-335
W.C.D.R.
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COMMENCING POINT
FOUND 1 114" IRON PIPE
N=10.254,790-91
E=3,801.279.58
S 01*30'30" E
102-46
P.O.B.
N=10,254,688.49
E=3,801.282-28
11 52.1� - - - - - - - - - -
-- -
-- E - - - __ z - 1
30' ACCESS EASEMENT
VOL.424• pG-113
VOL.425• PG,11 ---- - --
- - - - -
W - - - - - i58-6
0 -
S 01*30'30" E�/11
30-06 1
.,V ITIV UTILITY AND
DRAINAGE EASEMENT NO-1
0,179 ACRES (7,775 SO. FT.)
MIAMI APARTMENTS,
2.514 ACRES
VOL-162., PG.407
O.P.R.W.C.
HFG REAL ESTATE
HOLDING, INC.
4.70 ACRES
VOL. 117, PG-313
O.P.R.W.C.
1. Coordinates and bearings are based on
City of Huntsville Control Monument FA16
(GRID N•10.245.047.59, GRID E-3.796.488.301,
Distances are "Grid" and may be converted to
-HorizoritolSurfoce- by dividing by a combined
Scale factor of 0.99988. Bearings ore "Grid" based
on the herein referenced City of Huntsville
Control Monuments.
2. A motes & bounds description of even
date accompanies this plot.
LTD
OF
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WM. L tit OOWN
e-
1719 -7
suit
REVISED MAY 17. 1999
DATE: APRIL 1999 JOB No. 98029-005
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RODS SURVEYING, INC.
6810 LEE ROAD SPRING, TEXAS 77379
TEL (281) 379-6388 FAX (281) 379-6388
5 /I- •
THE STATE OF TEXAS
COUNTY OF WALKER
I, William l'liam 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 bearings are based on City of Huntsville Control Monument FA16 (GRID
N-10,245,047,59, GRID E-3,796,448.30) Distances and Coordinates are "Grid" and
may be converted to "Horizontal Surface, by dividing by a combined scale factor
of 0.99988. Bearings are "Grid" based on the herein referenced City of
Huntsville Control Monuments.
10 FEET WIDE UTILITY EASEMENT 2
Being 0.079 acre of land out of the M. Johnson Survey, Abstract No. 299, and the
P. Gray Survey, Abstract No. 24, Walker County, Texas and out of Tract 1, called
3.590 acre tract described in a deed to The Miami Apartments, LTD. and recorded
in Volume 162, Page 407 of the Official Walker County, Texas and being more
particularly described as follows:
Commencing at a 5/8 inch iron rod with cap found in the easterly right of way
line of willow Street(based on a width of 50 feet) and the southwest corner of a
called 4.8871 acre tract and recorded in volume 36, Page 578 of the Walker
County Deed Records and having grid coordinates of N-10,254,793.68 and
E-31801,329.52;
Thence S01030,3011E along said easterly right of way line of Willow Street a
distance of 290.92 feet to the northwest corner of said called 3.590 acre tract
and being the POINT of BEGINNING of the herein described tract, and having grid
coordinates of N-10,254,502.87 and E-3,801,337.18;
Thence N86045159"E with the northerly line of said called 3.590 acre tract a
distance of 10.00 feet to a point for corner;
Thence S01030,3011E a distance of 345.54 feet to a point for corner in the
northerly line of a called 2.68 acre tract of land described in a deed to Texas
Paper Moon Apartments, Ltd. and recorded in Volume 331, Page 324 of the Official
Public Records of Walker County, Texas;
Thence S84004130"W with the northerly line of said called 2.68 acre tract a
distance of 10.03 feet to a point for corner in the easterly right of way line
of said Willow Street;
Thence N01030130"W with said easterly right of way line of said Willow Street a
distance of 346.01 feet to the POINT of BEGINNING and containing 0.079 of one
acre or 3,458 square feet of land.
PLAT OF EVEN DATE ACCOMPANIES THIS DESCRIPTION.
Surveyed in April, 1999.
WILLIAM L. MCCOWN, R.P.L.S. i17-19
Revised: 5-17-99
98029-005 PtftT.doc
z5 lvl,elr
5�-t,
0 60 120 180
SCALE 1" -60'
WALKER COUNTY, TEXAS
M. Johnson Survey. Abs. No. 299
P. Gray Survey. Abs. No. 24
G I BBS BROS . 8 CO.
COMMENCING POINT 4. 8 8 7 1 A C R E S
FOUND 5/8" IRON ROD VOL - 3 6, P G• 578
N= 10.254.793.68
I
E=3.801,329.52 W - C - D - R
S 01 °30'30" E
290.92
N 86 °45'59" E
10.0
I 1
I I I
P.O.B.
N= 10.254.502.87
E= 3.801.337.18
o j j i TEMPORARY CONSTRUCTION
cr_ I I I EASEMENT N0.4
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Survey Abs. No 24
P. Gray
. �— - ---" —" M. Johnson Survey. Abs• No. 299
� 01 ICI
O Cpl I�1
MIAMI APARTMENTS, LTD.
3 3.590 ACRES
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VOL. 1 62 , PG. 407
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(ni i�i 10 WIDE UTILTY EASEMENT 2
0.079 ACRES (3.458 SO. FT.)
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TEXAS PAPER MOON
APPARTMENTS, LTD
2.68 ACRES
VOL e 331 , PG. 324
0 - P. R° W. C.
NOTE.
1. Coordinates and bearings ore based on
City of Huntsville ControlMonumenl FA16
(GRID N- 10.245,047.59, GRID E- 3,796.488.30),
Distances ore "Grid" and may be converted to
"Mori
'on tol Surf ace" by dividing by a combined
scale factor of 0.99988. Bearings ore "Grid" based
on the herein referenced City of Huntsville
Control Monuments.
2. A metes t. bounds description of even
dale accompanies this plat.
REVISED MAY 17, 1999
DATE: APRIL 1999 JOB No. 98029 -005
RODS SURVEYING, INC.
6810 LEE ROAD SPRING, TEXAS 77379
TEL (281) 379 -6388 FAX (281) 379-6388 5,)4'
THE STATE OF TEXAS
COUNTY {9F WALKER
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 bearings are based on City of Huntsville Control Monument FA16 (GRID
N=10,245,047.59, GRID E=3,796,448.30) Distances and Coordinates "Grid" and may
be converted to "Horizontal Surface,, by dividing by a combined scale factor of
0.99988. Bearings are "Grid" based on the herein referenced City of Huntsville
Control Monuments.
TEMPORARY CONSTRUCTION EASEMENT 3
Being 0.175 acre of land out of the P. Gray Survey, Abstract No. 24,Walker
County, Texas and out of a called 2.514 acre tract described in a deed to The
Miami Apartments, LTD. recorded in Volume 162, Page 407 Of the Official Public
Records of Walker County, Texas and being more particularly described as
follows:
Commencing at a 1 1/4 inch iron pipe found in the westerly right of way line of
Willow Street(based on a width of 50 feet) for the northeast corner of said
called 2.514 acre tract, and the southeast corner of the Sam Houston State
University tract recorded in Volume 259 Page 335 of the Walker County Deed
Records and having grid coordinates of N-10,254,790.91 and E•3,801,279.58;
Thence S01*30'30"E with said westerly right of way a distance of 187.66 feet to
the POINT of BEGINNING of the herein described tract, and having grid
coordinates of N-10,254,603.31 and E-3,801,284.52;
Thence S01*3013011E with said westerly right of way a distance of 253.00 feet to
the northeast corner of that called 4.70 acre tract to HFG Real Estate Holdings,
Inc. recorded in Volume 117 Page 313 of the official Public Records of Walker
County, Texas;
Thence S8505714011W with the northerly line of said called 4.70 acre tract a
distance of 30.03 feet to a point for corner;
Thence N01*30130-1W a distance of 254.33 feet to a point for corner;
Thence N88029130"E a distance of 30.00 feet to the POINT of BEGINNING and
containing 0.175 of one acre or 7,610 square feet of land.
PLAT OF EVEN DATE ACCOMPANIES THIS DESCRIPTION.
Surveyed in April, 1999.
OF
;r
WILLIAM L. MCCOWN, R.P.L.S. #1719
Revised: 5-17-99
98029-005 tce-3.doc
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,-0 .50 100 150
SCALE 1"•50'
WALKER COUNTY, TEXAS
P. Gray Survey. Abs. No. 24
SAM HOUSTON STATE
UNIVERSITY TRACT
VOL-259, PG-335
W.C.D.R.
P.O.B.
COMMENCING POINT
FOUND 1 114" IRON PIPE
N= 10.254,790.91
E= 3.801.279.58
N= 10.254.603.31
E= 3.801,284.52
N 88 °29'30" E
30.0
1
I
I
MIAMI APARTMENTS, LTD;
2.514 ACRES
I
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VOL. 1 62 , PG. 407
MI
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O.P.R.W.C.
N
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TEMPORARY CONSTRUCTION
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EASEMENT 3
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0.175 ACRES (7.610 SO. FT.)
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N 85 °57'40" W
HFG REAL ESTATE 30.03
HOLDING, INC.
4.70 ACRES
VOL. 1 1 7, PG- 313
0•P•R•W•C•
NOTE:
1. Coordinotes and bearings are based an
City of Huntsville ControlMonumenl FA76
(GRID N•10,245,047.59. GRID E•3,796,488.30).
Distonces are "Grid" and may be converted to
"HorizontolSurfoce" by dividing by 0 combined
stole factor of 0.99988. Bearings are "Grid" based
on the herein referenced City of Huntsville
Control Monuments..
2. A metes L bounds description of even
dote accompanies this plot.
S 01 °30'30° E
187.66
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REVISED MAY 17, 1999
DATE: APRIL JOB No. 98029 -005
RODS SURVEYING, INC,
6810 LEE ROAD SPRING, TEXAS 77379
TEL (281) 379 -6388 FAX (281) 379 -6388
THE STATE OF TEXAS
COUNTY OF WALKER
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 bearings are based on City of Huntsville Control Monument FA16 (GRID
N= 10,245,047.59, GRID E= 3,796,448.30), Distances and Coordinates are "Grid" and
may be converted to "Horizontal Surface" by dividing by a combined scale factor
of 0.99988. Bearings are "Grid" based on the herein referenced City of
Huntsville Control Monuments.
TEMPORARY CONSTRUCTION EASEMENT 4
Being 0.102 acre of land out of the M. Johnson Survey, Abstract No. 299, and the
P. Gray Survey, Abstract No. 24, Walker County, Texas and out of Tract 1, called
3.590 acre tract described in a deed to The Miami Apartments, LTD. and recorded
in Volume 162, Page 407 of the Walker County Deed Records, Texas and being more
particularly described as follows:
Commencing at a 5/8 inch iron rod with cap found in the easterly right of way
line of Willow Street(based on a width of 50 feet) and the southwest corner of a
called 4.8871 acre tract and recorded in Volume 36, Page 578 of the Walker
County Deed Records and having grid coordinates of N.10,254,793.68 and
E =31801,329.52;
Thence SO1 °30130 "E along said easterly right of way line of Willow Street a
distance of 290.92 feet to the northwest corner of said called 3.590 acre tract;
Thence N86 °45'59 "E with the northerly line of said called 3.590 acre tract a
distance of 10.00 feet to the POINT of BEGINNING of the herein described tract,
and having grid coordinates of N =10,254,503.43 and E =3,801,347.17;
Thence N86 °45159 "E continuing with the northerly line of said called 3.590 acre
tract a distance of 20.01 feet to a point for corner;
Thence SO1 °30130 "E a distance of 55.00 feet to a point for corner;
Thence S88 °29130 "W a distance of 10.00 feet to a point for corner;
Thence SO1 °30130 11E a distance of 244.59 feet to a point for corner;
Thence N88 °29'30 "E a distance of 10.00 feet to a point for corner;
Thence SO1 °30130 11E a distance of 45.00 feet to a point for corner in the
northerly line of a called 2.68 acre tract of land described in a deed to Texas
Paper Moon Apartments, Ltd. and recorded in Volume 331, Page 324 of the Official
Public Records of Walker County, Texas;
Page 1 of 2
Thence S840041,30"W with the northerly line of said called 2.68 acre tract a
distance of 20.06 feet to a point for corner;
Thence N0103013011W a distance of 345.54 feet to the POINT of BEGINNING and
containing 0.102 of one acre or 4,455 square feet of land.
PLAT OF EVEN DATE ACCOMPANIES THIS DESCRIPTION.
Sury yed in April, 1999.
WILLIAM L. MCCOWN, R.P.L.S. #1719
Revised: 5-17-99
0
Page 2 of 2
98029-005 TCE-4.doc
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0 60 120 180
SCALE 1 " -60'
WALKER COUNTY, TEXAS
M. Johnson Survey. Abs. No. 299
P. Gray Survey. Abs. No. 24
G I BBS BROS . (& CO.
4--8871 ACRES
IN
FOUNDN5 /8G IRONTROD VOL - 3 6, P G 578
N= 10.254.793.68 We C'. D - R e
E= 3.801.329.52
S 01°30'30" E
290.92
N 86°45'59" E
10.00
N 86°45'59" E
20.01
P.O.B. NOTE:
1. Coordinates and bearings are based on
N=10.254,503.43 I City of Huntsville Control Monument FAI6
E =3.801 .347. 17 (GRID N-10,245.047.59, GRID E•].796,e88.30),
Distances are "Grid" and may be converted to
"Horizontal Sur loce" by dividing by a combined
I S 01'30'30" E scale factor of 0.99988. Bearings are "Grid" based
I
55-00 on the her e:n r.lerenced City of Huntsvile
r Control Monuments.
S8
8*20. 9 '30" W 2. A metes 6 bounds description of even
V V 1 00 date OCCOmpanies INS plot
I
TEMPORARY CONSTRUCTION Survey. Abs. No- 24
' EASEMENT No 4
P. Gray N�99
' M. Johnson Survey
Abs.
'� MIAMI APARTMENTS, LTD.
N 3.590 ACRES
I VOL. 1629 PG. 407
I
0.PeR -W.C.
I
'0 10' WIDE UTILTY EASEMENT 2
I�
0.079 ACRES (3.458 SO. FT.)
IM
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1
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88°29'30" E
10.00
S 01°30'30" E
45.00
S 84.04'30" W
20.06
TEXAS PAPER MOON
APARTMENTS, LTD.
2.68 ACRES
VOL-331, PG -324
O.P.R.W.C.
REVISED MAY 17. 1999
DATE: APRIL 1999 JOB No. 98029 -005
RODS SURVEYING, INC.
6810 LEE ROAD SPRING, TEXAS 77379
TEL (281) 379-6388 FAX (281) 379 6388
THE STATE OF TEXAS
COUNTY OF WALKER
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 bearings are based on City of Huntsville Control Monument FA16 (GRID
N =10,245,047.59, GRID E =3;796,448.30), Distances and Coordinates are "Grid" and
may be converted to "Horizontal Surface" by dividing by a combined scale factor
of 0.99988. Bearings are "Grid" based on the herein referenced City of
Huntsville Control Monuments.
TEMPORARY CONSTRUCTION EASEMENT 5
Being 0.028 acre of land out of the P. Gray Survey, Abstract No. 24, Walker
County, Texas and out of a called 2.514 acre tract described in a deed to The
Miami Apartments, LTD. recorded in Volume 162, Page 407 of the Official Public
Records of Walker County, Texas and being more particularly described as
follows:
Beginning at a 1 1/4 inch iron pipe found in the westerly right of way line of
Willow Street(based on a width of 50 feet) for the northeast corner of said
called 2.514 acre tract, and the southeast corner of. the Sam Houston State
University tract recorded in Volume 259 Page 335 of the Walker County Deed
Records and having grid coordinates of N =10,254,790.91 and E =3,801,279.58;
Thence S01 030130 11E with said westerly right of way a distance of 41.18 feet to a
point for corner;
Thence S88 °29130 11W a distance of 30.00 feet to a point for corner
Thence N01 °30130 11W a distance of 40.00 feet to a point for corner in the
northerly line of said 2.514 acre tract and the southerly line of said Sam
Houston State University Tract;
Thence N86 °14107 "E with said southerly line a distance of 30.02 feet to the
POINT of BEGINNING and containing 0.028 of one acre or 1,218 square feet of
land.
PLAT OF EVEN DATE ACCOMPANIES THIS DESCRIPTION.
Surveyed in April, 1999.
WILLIAM L. MCCOWN, R.P.L.S. #1719
Revised: 5 -17 -99
98029 -005 tce2.doc
S�- C
0 10 20 3u
SCALE I"-10'
WALKER COUNTY, TEXAS
P. Gray Survey, Abs. No. 24
SAM HOUSTON
STATE UNIVERSITY
VOL.259 PG 335
W.C.b.R. *
. WO 7 " E
Uj
0
TEMPORARY CONSTRUCTION 00
EASEMENT No.5 0
0
0.028 ACRES (1,218 Sq.Ft.)
ai 0
Z�
S 88- 29-30" W
----------- 5(�.65 ------------
MIAMI APARTMENTS, LTD.
2.514 ACRES
VOL. 162, PG. 407
0. P. R. W. C*.
NOTE:
1. Coordinates and beorings are based on
City of Huntsville Control Monument FA16
(GRID N-10.245,047.59, GRID E-3.796.488.30),
Distances are "Grid" and may be converted to
"Horizontal Sur face" by dividing by a combined
scale (actor of 0.99988. Bearings are "Grid" based
on the herein referenced City of Huntsville
Control Monuments.
2. A metes & bounds description of even
dote accompanies this plot.
P.0.8.
1 1/4" IRON PIPE
N-10,254,790.91
E-3,801,279.58
0
Q
REVISED MAY 17, 1999
DATE: APRIL 1999
RODS SURVEYING, INC.
6810 LEE ROAD SPRING, TEXAS 77379
TEL (281) 379-6388 FAX (281) 379-6388
Ue'lI /00 rKl U`J: #b rAA 3U6 42$401Ul i.11l bLAVI L 4111 hALL C. UUi
TEMPORARY CONSTRUCTION EASEMENT
TEXAS PAPER MOON APARTMENTS, LTD.
Tax ID No. 6000 -002 -0 -00100
Project No. 98 -08 -05.5
THE STATE OF TEXAS §
COUNTY OF WALKER §
KNOW ALL MEN BY THESE PRESENTS that ISRAEL WEINBERG and DAVID ALKOSSAR,
General Partners of TEXAS PAPER MOON APARTMENTS, LTD., hereinafter called Grantor, in
consideration of the sum of one dollar ($1.00), grants, sells and conveys to the CITY OF
HUNTSVILLE, 1212 Avenue M, Huntsville, Texas 77340, temporary working easement, to enter
upon and construct Willow Street, water, sewer and drainage lines, together with all related
appurtenances and improvements. The City of Huntsville shall have the right at all times of ingress
and egress to and from and upon said temporary construction easement for the purpose of
construction, reconstruction, inspection, patrolling, all or parts of its respective systems without the
necessity at anytime of procuring the permission of the property owner. The City of Huntsville shall
have the right to move and keep moved all or part of any building, trees, shrubs, other growths or
improvements that in anyway endanger or interfere with the construction, maintenance, or efficiency
of its respective systems on any of the temporary construction easement. The City of Huntsville shall
not be responsible for replacing or reimbursing the property owner due to removal or relocation of
any obstructions in the temporary construction easement. The City of Huntsville shall replace all
existing fencing that crosses the temporary construction easement to existing or better conditions and
install and maintain gates within the existing fences that cross the temporary construction easement.
The temporary construction easement will be over and across certain lands and premises situated in
the M. Johnson Survey, A -299, both in Walker County, Texas and being out of and a part of the
following described tracts:
Temporary Construction Easement 1
said temporary construction easement shall be granted to the City and shall expire upon the
completion of construction and acceptance by the City of the Willow Street proj ect and are described
in Exhibit "A" attached herewith and shall be used only during the construction and testing phase
of the proposed street, water, sewer, and drainage lines, together with all related appurtenances.
to have and to hold the temporary construction easement, together with all and singular the rights and
appurtenances thereto in any wise belonging, to the City of Huntsville, Texas, its successors and
assigns forever. Grantor does hereby bind themselves, their heirs and assigns, to warrant and forever
defend all and singular the temporary construction easement to the City of Huntsville, its successors
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof
Executed this day of
TEXAS PAPER MOON APARTMENTS, LTD.
ISRAEL WEINBERG, General Partner
THE STATE OF CALIFORNIA,
COUNTY OF
A.D., 1999.
DAVID ALKOSSAR, General Partner
This instrument was acknowledged before me on the day of . A.D.,
1999, by ISRAEL WEINBERG and DAVID ALKOSSAR, General Partners for TEXAS PAPER MOON
APARTMENTS, LTD.
Notary Public, State of California
el
09117/99 f1<1 UV:bU kAA 4UV GV4otuj
THE STATE OF TEXAS
COUNTY OF WALKER
I, William L. McCown, Registered Professional Land Surveyor No. 1119, 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 bearings are based on City of Huntsville Control Monument FA16 (GRID
N=10,245,047.59, GRID E-3,796.448.30) Distances and Coordinates are "Grid" and
may be converted to "Horizontal Surface` by dividing by a combined scale factor
of 0.99968. -Bearings are "Grid" based on the herein referenced City of
Huntsville Control Monuments.
TEMPORARY CONSTRUCTION EASEMENT I
Being 0.088 acre of land out of the M. Johnson Survey, Abstract No. 299, Walker
County, Texas and out of a called 2-68 acre tract described in a deed to Texas
Paper Moon Apartments, Ltd. and recorded in Volume 331, Page 324 of the
Official Public Records of Walker County, Texas and being more particularly
described as follows;
Commencing at a 5/8 inch iron rod with cap found in the easterly right of way
line of willow Screet(based on a width of SO feet) and the southwest corner of
a called 4.8871 acre tract and recorded in Volume 36, Page 578 of the Walker
County Dead Records and having grid coordinates of N-10,254,793.68 and
E-3,801,329-52;
Thence $01030'301,r along said easterly right of way line of Willow Street a
distance of 636.92 feet to the northwest corner of said called 2.68 acre tract
and the southwest corner of a called 3.590 acre tract described in a deed to
The Miami Apartments, LTD. And recorded in Volume 162, Page 407 of the official
Public Records of Walker County, Texas;
Thence N84*04'30"E, along the common line between said Texas Paper moon
Apartments, Ltd, and Miami Apartments, Ltd. tracts, a distance of 10.03 feet to
the POINT of BEGINNING of the herein described tract, said POINT OF BEGINNING
having coordinates Of N=10,254,158.02 and E=3,801,356.27;
Thence N84004'30"E, continuing along said common line a distance of 50.15 feet
to a point for corner;
Thence S01030'3011E, continuing along said common, a distance of 78.66 feet to a
point for corner;
Thence S88 *29130"w a distance of 50.00 feet to a point for corner in the
easterly line of a 10 foot utility easement described in a deed to the City of
Huntsville recorded in volume 056, Page 617 of the Official Public Records of
Walker County,
Thence
POINT
land.
N0103013011W with said easterly line a distance of 75.00 feet to the
of BEGINNING and containing 0.088 of one acre or 3,847 square feet of
PLAT OF EVEN DATE ACCOMPANIES THIS DESCRIPTION,
Sury yed in April, 1999.
WILLIAM L. MCCOWN, R.P.L.S. #1719
Revised; 5-18.99
/I- A
96029-005
09/17/99 FRI 09:50 FAX 409 2945701 CITY SERVICE CENTER ... CITY HALL (0004
0 Z0 40 60
F
SCALE 1"•20'
I
0
L
WALKER COUNTY, TEXAS
M. Johnson Survey, Abs, No. 299 .
GIBBS BROS. & CO
4.8871 ACRES
COMMENCING POINT VOL,36 PG.578
FOUND 5/8 IRON ROD W . C. b. R.
N-10,254,793.68
E•3,801,329.52
N MIAMI APARTMENTS LTD.
3.590 ACRES
VOL.162, PG.407
0. P. R, W. C
844 0"
R
0.03, 4'3U
-P.O.S.
I
N-10,254,158.02
E =3,801,356.27
TEMPORARY CONSTRUCTION
001 EASEMENT N0.1
06 1.
0.088 ACRES (3,847 SQ.FTA
> to
Y(T
z
LLJ
TEXAS PAPER MOON
:
01
ni
APARTMENTS, LTD.
2.68 ACRES
C
0 -Irn
VOL.331, PG.324
I-- �-- 1,
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NOTE:
1, Coordinates and bearings ore based on WC
City of Huntsville Control Monument FA16
(GRID N•10.245.047.59, GRID E-3,796,488,30).
Distances are "Grid" and may be converted to REVISED MAY IS., 1999
"Hwizontol Sur face" by dividing by a combined DATE: APRIL JOB No. 98029'005
scale factor of 0.99988. Bearings ore "Grid" based
on the herein referenced City of Huntsville
Control Monuments. F RODS'SURVEYING, INC.
2. A metes and bounds description of even 6810 LEE ROAD SPRING, TEXAS 77379 1
date accompanies this plot. I TEL (281) 379-6388 FAX (281) 379-6388 1
MEMORANDUM
TO: Glenn E. Isbell, City Engineer
FROM: Paul C. Isham, City Attorney 011
DATE: September 10, 1999
SUB7: Willow Street R.O.W.
Attached please find a draft of an ordinance authorizing the condemnation of the
easements owned by Miami Apartments, Ltd. I have tentatively scheduled this ordinance
for City Council action on September 21, 1999, but we will need an appraisal for the
damages resulting from the acquisition of the easements before the Council can adopt the
ordinance. This gives the City approximately one (1) week to hire an appraiser and
obtain an amount from that appraiser. We do not need a formal report by September 21,
1999, but we need the amount.
If we cannot make the September 21" City Council meeting, the next tentatively
scheduled meeting is October 26th.
cc: Gene Pipes, City Manager
hector o Wic Works
S�9�