RESO 1999-14 - Abandon AbercrombieRESOLUTION NO. 99-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
APPROVING THE ABANDONMENT OF A CERTAIN PORTION OF ABERCROMBIE
STREET; AUTHORIZING THE MAYOR TO EXECUTE THE REQUIRED INSTRUMENTS
TO EFFECTUATE THE ABANDONMENT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Huntsville Independent School District ( "HISD ") is building a new Samuel W.
Houston School on property it owns adjacent to Old Madisonville Road and Avenue P, and desires the City
of Huntsville to abandon a portion of the City's right, title, and interest in Abercrombie Street in return for
additional street right -of -way dedication for Old Madisonville Road and Avenue P in accordance with the
Minor Plat of Samuel W. Houston School; and
WHEREAS, the City Council desires to abandon a portion of Abercrombie Street in accordance
with HISD's request; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS:
SECTION 1: That the City of Huntsville's right, title, and interest in a portion of the public street
known as Abercrombie Street as described in Exhibit "1" attached hereto and incorporated herein is hereby
abandoned, quitclaimed, and released by the City of Huntsville, Texas, to the Huntsville Independent
School District in return for the dedication by HISD of additional road right -of -way along Old
Madisonville Road and Avenue P; 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 10th DAY OF AUGUST, 1999.
Lam! // JJ
4 e.„
ATTEST:
VOIAR-WatCtitt
Danna Welter, City Secretary
APPROVED AS TO FORM:
aul C. Isham, City Attorney
William B. Green, Mayor
PARTIAL 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 including the dedication of additional street rights -of -way on Old
Madisonville Road and Avenue P as per the Minor Plat of Samuel W. Houston School, the receipt
of which is hereby acknowledged, does quitclaim and release unto HUNTSVILLE
INDEPENDENT SCHOOL DISTRICT, 441 F.M. 2821 East, Huntsville, Walker County, Texas
77340, all of the City's right, title, interest, in and to a right -of -way easement conveyed to the City
in Volume 14, Page 15, Deed Records of Walker County, Texas, that part of "Abercrombie Street"
being abandoned is 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 HUNTSVILLE INDEPENDENT SCHOOL DISTRICT, 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 114-1 day of
Mayor William B. Green as Mayor of the City of Huntsville.
Danna L. Welter
Notary Public
,� ^ \I State of Texas
,.� My Comm. Exp. 10-26-2002
, 1999, by
Notary Public, State of Texas
O'Malley Engineers
State of Texas )
County of Walker )
Richard .1. 'Dick" O'Malley, P.E.
Richard J. O'Malley, P.E.
Craig Kankel, P.E.
Robert C. Schmidt, P.E.
Ed Addicks, P.E.
ALL THAT CERTAIN 0.2287 acre tract or parcel of land lying and being situated in the City of Huntsville,
P. Gray League, Abstract 24, Walker County, Texas, being the east portion of Abercrombie Street of said
City of Huntsville, said street being described by deed recorded in Volume 14, Page 15, et seq., Deed
Records of Walker County ( D.R.W.C.) and said 0.2287 acre tract being more particularly described by
metes and bounds as follows;
COMMENCING at a point at the intersection of the north margin of Tenth Street and the west right -of -way
of Avenue "P" for the southeast corner of the residue of a tract conveyed to the Huntsville Independent
School District by deed recorded in Volume 7, Page 326, et seq. Deed Records of Walker County
( D.R.W.C.) from which a 1/2 inch iron rod set bears North 86 °38'29" West, a distance of 5.00 feet;
THENCE with the west right -of -way of Avenue "P ", North 03°21'31" East, a distance of 210.00 feet to a
point at the intersection of the south margin of Abercrombie Street and the west right -of -way of Avenue
"P" at the northeast corner of said Huntsville Independent School District tract described by deed
recorded in Volume 7, Page 326, et seq. D.R.W.C. for the southeast corner and PLACE OF BEGINNING
of the herein described tract;
THENCE with said south margin of Abercrombie Street,North 86°38'29" West, at 161.52 feet pass a 1/2
inch iron rod set for the northwest corner of said Huntsville Independent School District tract described by
deed recorded in Volume 7, Page 326, et seq. D.R.W.C. and the northeast corner of a tract conveyed to
Anthony Branch, Jr., et ux by deed recorded in Volume 234, Page 733, et seq. D.R.W.C. and continuing
for a total distance of 249.02 feet to a 1/2 inch iron rod set for the southwest corner of the herein decribed
tract at the northwest corner of said Anthony Branch, Jr., et ux tract and the northeast corner of a tract
conveyed to John Lee Moten by deed recorded in Volume 58, Page 83, et seq. D.R.W.C. from which a 5/8
inch iron rod found at the northwest corner of said John Lee Moten tract and the northeast corner of a
tract conveyed to Sherman Wynne by deed recorded in Volume 100, Page 273, et seq. D.R.W.C. bears
North 86 °38'29" West, a distance of 62.47 feet, and from which a 5/8 inch iron rod found at the
intersection of said south margin of Abercrombie Street and the northeast margin of Old Madisonville
Road at the northwest corner of the Friendship Baptist Church tract said to contain 0.278 acres and
described in a survey prepared by J.S. Moorer, Texas R.P.L.S. No. 1572 bears North 86 °38'29" West, a
distance of 285.63 feet;
THENCE severing said Abercrombie Street, North 03 °21'31" East, a distance of 40.00 feet to a 1/2 inch
iron rod set in the north margin of said Abercrombie Street and in south line of a tract belonging to the
Huntsville Independent School District for the northwest corner of the herein described tract;
THENCE with said north margin of Abercrombie Street, South 86°3829" East, a distance of 249.02 feet to
a point at the intersection of said north margin of Abercrombie Street and the west right -of -way of Avenue
"P" for the northeast corner of the herein described tract;
THENCE with said west right -of -way of Avenue "P ", South 03°21'31" West, a distance of 40.00 feet to the
POINT OF BEGINNING and containing 0.2287 acres of land, more or less.
Bearings are based on the west right -of -way line of Avenue "P" (North 03 °21'31" East) as shown on a
survey prepared by Carlos Trevino, Texas R.P.L.S. No. 4858.
July 21, 1999
Carlos Trevino, TX RPLS #4858
OE JOB NO. 0663.01 PA
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P C) fir, 1976 1 3r)6 North Park Strut Brenham, Texas 7793A -1976 14001 R36 -79'17 FAX (409) P06 -7936