ORD 1998-36 - Easements To Provide Necessary Right-Of-Way For Water Pipeline 12-01-1998ORDINANCE NO. 98 -36
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 theT day of
DtCOW&
,1998.
CITY OF HUNTSVILLE, TEXAS
William B. Green, Mayor
ATTEST:
J
Danna Welter, City Secretary
APP V2ED:
cott Bounds.
City
Attorney
PROPERTY OWNERS
EXHIBIT "A"
TO
ORDINANCE NO. 98-36
PROPERTY DESCRIPTION
David Kimich A 30' wide easement and right-of-way across
a certain 211.40 acre tract of land out of the
John G. Conner Survey, Abstract No. A-12,
Grimes County, Texas, described by deed
recorded in Volume 638, Page 453, of the
Real Property Records of Grimes County, Texas.
H. Charles Neason A 30' wide easement and right-of-way across
a certain 54.7 acre tract of land and a 130.2 acre
tract of land out of the John G. Conner Survey,
Abstract No. A-12, Grimes County, Texas,
described by deed recorded in Volume 262,
Page 107 and Volume 227, Page 408, respectively,
of the Real Property Records of Grimes County,
Texas.
Walter and Judith Kimich
A 30' wide easement and right-of-way across
a certain 124.736 acre tract of land out of the
John Fisher Survey, Abstract No. A-199,
Grimes County, Texas, described by deed
recorded in Volume 684, Page 364, of the
Real Property Records of Grimes County, Texas.