ORD 1998-26 - City Attorney To Make Offer For Property Required For Public Purposes 09-26-1998r
ORDINANCE NO. 98 -26
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 PROPERTIES THAT ARE
REQUIRED FOR PUBLIC PURPOSES; DIRECTING THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE
EVENT SUCH OFFER IS REFUSED; PROVIDING FOR THE FILING OF
LIS PEDENS; 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 the land
described herein for public purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that
SECTION 1: The City Attorney is authorized and directed to make an offer of $500 for the
properties described in Exhibit A to Mr. Steve Ross, or to the actual real and true
owners thereof, whether correctly named or not, for the purchase and acquisition
by the City of Huntsville of the fee interest in the property that is required for
public purposes.
SECTION 2: 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: 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 Attorney is
authorized to institute condemnation proceedings 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. Texas Property Code Section 12.007.
SECTION 4: Should such offer be accepted, the money above set forth shall be paid out of any
appropriation heretofore made for which the above described tract is required.
Should such offer not be accepted, the amount finally awarded to the owner in the
condemnation proceedings, plus costs, fees and expenses, shall be paid out of such
funds so appropriated.
SECTION 5: This ordinance shall take effect from and after its passage.
PASSED by the City Council of the City of Huntsville, Texas on this the 26th day of September,
1998.
CITY OF HUNTSVILLE, TEXAS
William B. Green, Mayor
ATTEST:
Danna Welter, City Secretary
APP VED
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EXHIBIT "A"
THE STATE OF TEXAS ( )
COUNTY OF WALKER( )
I, the undersigned Bobby R. Murray, Registered Professional Land Surveyor No. 1559, do
hereby certify that the following field notes represent a survey made on the ground of the following
described tract or parcel of land located in the City of Huntsville, Walker County, Texas.
CITY OF HUNTSVILLE
PROJECT NO. 96 -09 -01 - TALL TIMBERS LANE
STREET RIGHT -OF -WAY
EAST OF FM ROAD NO. 1374
Being 0.04 of an acre (1838 sq. ft.) strip of land out of and a part of the JOHN HUME
SURVEY, Abstract No.264, City of Huntsville, Walker County, Texas said strip of land being
also out of the north part of a 1.371 acre tract of land, said 1.371 acre tract being called 2.742 acres
and designated as FOURTH Tract and described in Exhibit "D" in a Partition Deed from Alice L.
Sowells Hightower et al, to Thelma English dated June 1, 1987 and recorded in Volume 049, Page
650 of the Official Public Records of Walker County, Texas, said 1.371 acre tract being out of and
a part of a called 12.2 acre tract of land in said HUME SURVEY described in a Deed from John L.
Nugent to John W. Sowells dated December 2,1941 and recorded in Volume 98, Page 488 of the
Deed Records of Walker County, Texas, said 0.04 of an acre of land being more definitely described
by metes and bounds as follows:
BEGINNING at the northwest comer of said English 1.371 acre tract of land, a'' /z" iron rod
found in the south line of a graded dirt road, thirty feet in width, known as Tall Timbers Lane, said
corner being also the northeast comer of a 1.371 acre tract of land being called 2.742 acres and
being described in Exhibit "A" in a Deed from Annie B. McFadden to Alice L. Sowells Hightower
and recorded in Volume 049, Page 646, said tract of land being also designated as FIFTH Tract and
described in Exhibit "E" in said Partition Deed recorded in Volume 049, Page 650, all in the Official
Public Records of Walker County, Texas,
THENCE N89 049'39 "E for a distance of 189.14 feet with the north line of said 1.371 acre tract
of land, same being the south line of said Tall Timbers Lane, to a ''/2" iron rod found for the northeast
corner of said English 1.371 acre tract, said corner being also the northwest corner of a 2.742 acre
tract of land designated as THIRD Tract and described in Exhibit "C" of said Partition Deed
recorded in Volume 049, Page 650 of the Official Public Records of Walker County, Texas.
THENCE South for a distance of 6.09 feet with the east line of said English 1.371 acre tract of
land, same being the west line of said Willie Lee Sowells 2.742 acre tract, to a %_" iron rod with
aluminum cap set for the southeast corner of said 0.04 of an acre tract of land herein described;
THENCE S87 037'47 "W for a distance of 189.30 feet with the south line of said 0.04 of an acre
tract of land herein described to a'' /z" iron rod with aluminum cap set in the west line of said English
1.371 acre tract for the southwest comer of said 0A4 of an acre tract of land herein described, said
comer being in the east line of said Hightower 1.371 acre tract;
THENCE North for a distance of 13.35 feet with the west line of said English 1.371 acre tract
and, same being the east line of said Hightower 1.371 acre tract, to the PLACE OF BEGINNING.
NOTE: Bearings are based on the bearing of the North property line of the Thelma English 1.371
acre tract of land as given in the Partition Deed to Thelma English recorded in Volume 049, Page
650 of the Official Public Records of Walker County, Texas.
Surveyed in September of 1998. OF T
C Y R; MURRAY
Signed 1559
bby R. Murray r �FFSS��04
RPLS No. 1559 .ci iixV �y
To F>a 1374 TALL TIMBERS LADE
FNO. 1/2° I.R. ' N89" 49'39 "E - 189.14•
0.04 AC. S1CS86 50. iT.t
v S87° 37'47 "W 189.30'
THELMA ENGLISH
0491650 (OR)
PROPOSED 60' ROW _
FNO. 1/2" I.R.
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S881 59'39 "W - 189.17'
N
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SCALE 1" - 50 FEE1
NOTE=
Beorings are based on the bearing of the North
property line of the Thelma English 1.371 acre
tract as given in the Partition Deed to Thelma
English recorded in Volume 049, Page 650 of
the Official Public Records of Walker County,
Texas.
1, the undersigned Bobby R. Murray, RPLS No.1559, do
hereby certify that this plat represents a survey made
rpon under my supervison and that all corners
F+tf� s as shown.
....11
BOBBY R HURRAY igned� & F:S.�ezma
obby .Murray
:"a 1559 Pte! RPLS No. 1559
rFSS��fl September 22, 1998
PLAT OF
SURVEY OF 0,04 AC(1838 SQ.FT.)
OUT OF
THELMA ENGLISH CALLED 1.371 ACRES
9TVATED W TtC
JOHN HUME SURVEY
ABSTRACT NO.264
CITY OF HUNTSVILLE
WALKER COUNTY ,TEXAS
SEPTEMBER 1998
CALL 1,371 AC.
(4TH TR.)
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NOTE=
Beorings are based on the bearing of the North
property line of the Thelma English 1.371 acre
tract as given in the Partition Deed to Thelma
English recorded in Volume 049, Page 650 of
the Official Public Records of Walker County,
Texas.
1, the undersigned Bobby R. Murray, RPLS No.1559, do
hereby certify that this plat represents a survey made
rpon under my supervison and that all corners
F+tf� s as shown.
....11
BOBBY R HURRAY igned� & F:S.�ezma
obby .Murray
:"a 1559 Pte! RPLS No. 1559
rFSS��fl September 22, 1998
PLAT OF
SURVEY OF 0,04 AC(1838 SQ.FT.)
OUT OF
THELMA ENGLISH CALLED 1.371 ACRES
9TVATED W TtC
JOHN HUME SURVEY
ABSTRACT NO.264
CITY OF HUNTSVILLE
WALKER COUNTY ,TEXAS
SEPTEMBER 1998