RESO 1999-10 - Abandon Road ROWRESOLUTION NO. 99-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, APPROVING THE ABANDONMENT OF A CERTAIN ROAD RIGHTS -
OF -WAY ACROSS PROPERTY OWNED BY ELKINS LAKE RECREATION
CORPORATION PROPERTY; AUTHORIZING THE MAYOR TO EXECUTE THE
REQUIRED INSTRUMENTS TO EFFECTUATE THE ABANDONMENTS; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville and Elkins Lake Recreation Corporation
( "RECOR ") have entered into a Contract (the "Contract ") for the acquiring of rights -of -way
from RECOR for the construction of an arterial roadway (the "Roadway "); and
WHEREAS, the Contract provides that the City shall abandon or assist in obtaining
the release or abandonment of road rights -of -way or easements across RECOR's property
not needed for the Roadway; and
WHEREAS, the City Council desires to abandon certain road rights -of -way pursuant
to the contract; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS:
SECTION 1: That the City of Huntsville's interest in the road rights -of -way as
described in Exhibit "1" attached hereto and incorporated herein are hereby abandoned,
quitclaimed, and released by the City of Huntsville, Texas, and the Mayor of the City of
Huntsville, Texas is authorized to execute on behalf of the City of Huntsville all instruments
necessary to effectuate this abandonment.
SECTION 2: That this Resolution shall be effective from and after the date of its
passage.
PASSED AND APPROVED THIS 13TH DAY OF JULY, 1999.
tk.1 /Le-4/
William B. Green, Mayor
AT ST:
Danna Welter, City Secretary
APPROVED AS TO FORM:
Paul C. Isham, City Attorney
RIGHT -OF -WAY ABANDONMENT
THE STATE OF TEXAS,
COUNTY OF WALKER.
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF HUNTSVILLE, TEXAS, acting herein by its duly authorized Mayor, for $1.00
and other consideration, the receipt of which is hereby acknowledged, does quitclaim and release
unto TEXAS BOARD OF CRIMINAL JUSTICE, P. O. Box 99, Huntsville, Walker County,
Texas 77342, all of the City's right, title, interest, in and to a right -of -way easement dated November
1, 1995 and conveyed to the City in Volume 0275, Page 586, Official Records of Walker County,
Texas, SAVE AND EXCEPT that part described as "Parcel 9" being more accurately described as
follows:
SEE EXHIBIT "A" ATTACHED
with all and singular the City's right, title, interest, estate, claim and demand in and to property;
to have and to hold to the TEXAS BOARD OF CRIMINAL JUSTICE, their successors and
assigns, forever, so that neither the City nor its successors or assigns shall have any right or title or
interests in such property or premises, or any part thereof, at any time hereafter.
THE CITY OF HUNTSVILLE,
By William B. Green, Mayor
THE STATE OF TEXAS,
COUNTY OF WALKER.
This instrument was acknowledged by me on the 13 day of
Mayor William B. Green as Mayor of the City of Huntsville.
/� Danna L. Welter
Notary Public
'� ^ \, State of Texas
My Comm. Exp. 10 -26 -2002
, 1999, by
'JP /
Notary Public, State of Texas
EXHIBIT "1"
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 FA 16
(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 multiplying by a combined scale factor of 1.00012. Bearings are
"Grid" based on the herein referenced City of Huntsville Control Monuments.
RIGHT -OF -WAY PARCEL No. 9
Being 1.172 acres (51,064 square feet) of land out of the E. Davids Survey, Abstract No. 157, Walker
County, Texas and out of a 2.80 acre tract described in a deed to the City of Huntsville and recorded in
Volume 275, Page 586 of the Official Public Records of Walker County (O.P.R.W.C.) said 2.80 acres begin
called River Oaks Drive right -of -way and being more particularly described as follows:
Commencing at a 4" x 4" concrete monument found marking the southeast corner of a 1.99 acre tract
described in a deed to Thompson Cattle Co., Inc. Recorded in Volume 343, Page 886, O.P.R.W.C., and
lying in the existing westerly right -of -way line of Interstate Highway 45 (IH 45), (variable width);
Thence N59 °29'08 "W along the common line between the northeasterly property line of said 1.99 acre tract
and the existing west right -of -way line of IH 45, a distance of 294.82 feet to a 5/8 inch iron rod with cap set
for the POINT OF BEGINNING at the intersection of the west right -of -way line of Interstate Highway 45
(variable width) and the south line of said River Oaks Drive, O.P.R.W.C., said point lying in a curve to the
right and having grid coordinates of N= 10,241,968.55 and E= 3,808,952.04;
Thence in a southwesterly direction along said the south line of said River Oaks Drive and along said curve
to the right an arc distance of 514.14 feet to a 5/8" iron rod set at the end of said curve, having a central angle
of 54 °33'30 ", a radius of 539.94 feet and a chord bearing S70 °05' 18 "W a distance of 494.93 feet to a 5/8 inch
iron rod with cap set at the end of said curve;
Thence N82 °43'42 "W continuing along the said southerly line of River Oaks Drive a distance of 100.00 feet
to a 5/8 inch iron rod with cap set for corner;
Thence N57 °33'36 "W a distance of 145.84 feet to a 5/8 inch iron rod with cap set for a corner in the
northerly line of River Oaks Drive and lying on a curve to the right;
Thence in an easterly direction along said curve to the right an arc distance of 133.59 feet to a 5/8" iron rod
set for the end of said curve, and having a central angle of 15 °27'55 ", a radius of 494.90 feet and a chord
bearing N89 °31'10 "E a distance of 133.18 feet;
Thence S82 °43'41 "E continuing along the said northerly right -of -way line of River Oaks Drive a distance
of 100.16 feet to a 5/8 inch iron rod with cap set for the beginning of a curve to the left;
Page 1 of 2 Pages
Right -of -Way Parcel No. 9
Page 2 of 2 Pages
Thence in an easterly direction following said northerly right -of -way line and said curve to the left for an
arc distance of 420.46 feet to a 5/8 inch iron rod with cap set in the west line of said Interstate Highway 45,
said curve having a central angle of 52 °22'37 ", a radius of 459.94 feet and a chord bearing N71 ° 10'45 "E a
distance of 405.97 feet;
Thence S59 °29'08 "E with the existing west right -of -way line of said IH 45 a distance of 82.21 feet to the
POINT of BEGINNING and containing 1.172 acres (51,064 square feet) of land.
PLAT OF EVEN DATE ACCOMPANIES THIS DESCRIPTION.
WILLIAM L. MCCOWN, R.P.L.S. #1719
— 9 —9 y
DATE
•
•
�o
0
o9
Jo*
mUapO
co pWn;
o d d W Z
O1 N
N
01
N
N
0
J
X • W
Ua •
a C 0
CL
1
PROPOSED ROW
co
7
N
ao
no
• 0
• 0
co
Z
•
Q
2
0
H
W w0
(1)r
1-
} w
Q
� a
li 0
03
N
0
z
0
1-
Q
WO
JO
N U
Z
YO
J
W a
W
U
w
Ce
01
0
z
D
0
0
Z 0 N
Z
Z z
0 >
U
C
X N
O
3 K
Parcel No. 9
0
n
o
nL O
cci,
wa 0,0 h u
>moc u o
•:411' 4.1"` L 0.
5nbn c E
0
=W 00 0 a V
ovuE : o
IANV
F)1`4.; 0 u C
� u
oOO� u
Nu•)yN 3
oa'o o • o
io \ °Na-0' p e
n
n
W
•
0
EXHIBIT 2
EXISTING EASEMENT TO BE ABANDONED
BY CITY
'J�
GOLF fa•r3E
0