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RESO 1999-16 - ROW Urban ArterialRESOLUTION NO. 99-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE PURCHASE OF THE FEE INTEREST IN THE RIVER OAKS DRIVE ROAD RIGHT -OF -WAY FROM THE STATE OF TEXAS AND TRADING IT TO THE ELKINS LAKE RECREATION CORPORATION FOR RIGHT -OF -WAY FOR THE URBAN ARTERIAL ROADWAY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Huntsville has entered into an agreement (the "Contract ") with Elkins Lake Recreation Corporation ( "RECOR ") for the acquisition of right -of -way for the Urban Arterial Roadway; and WHEREAS, the Contract requires the City to abandon the easement in the River Oaks Drive Road right -of -way not used for the Urban Arterial Roadway to the RECOR; and WHEREAS, the State of Texas retained ownership of the land within the River Oaks Drive Road right -of -way; and WHEREAS, the RECOR has contacted the State about selling its fee interest in the River Oaks Drive Road right -of -way to the RECOR and the most expedient method of transferring ownership in the right -of -way is for the City to purchase it from the State, and trade it to the RECOR as partial consideration for right -of -way necessary for the Urban Arterial Roadway; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The purchase of the State of Texas' fee interest in the River Oaks Drive right - of -way described on Exhibit "A" attached hereto and incorporated herein is hereby approved and the Mayor, City Manager and City Attorney of the City of Huntsville are hereby authorized to perform such acts necessary to accomplish the purchase of said property. SECTION2: The trade of such River Oaks Drive right -of -way purchased from the State and not required as right -of -way for the Urban Arterial Roadway to the Elkins Lake Recreation Corporation as partial consideration for the acquisition of right -of -way for the Urban Arterial Roadway pursuant to the Contract entered into between the City and the RECOR is hereby approved, and the Mayor, City Manager and City Attorney of the City of Huntsville are hereby authorized to perform such acts necessary to accomplish the trade of such property to the RECOR. SECTION 3: This Resolution shall be effective from and after the date of its passage PASSED AND APPROVED THIS 31ST DAY OF AUGUST, 1999. WILLIAM B. GREEN, MAYOR Danna Welter, City Secretary APPROVED AS TO FORM: Paul C. Isham, City Attorney 12/29/1998 10 :32 4094364961 WALKER COUNTY PAGE 06 FIELD NOTES . RIVER DAXS DIRVE ROAD RIGHT-OF-WAY' out of TEXAS DEPARTMENT OF CRIMINAL JUSTICE GORSE UNIT TRACT pLISRA DAVIDS SURVEY, A -157 HUNTSVILLE, WALKER COUNTY, TEXAS acing a road right -of -way containing 2.80 acres, more or less, situated in the ELISHA DAVIDS SURVEY, Abstract No. 157, in the City of Euntsville, Walker County, Texas, being out of and a part of a _called 1000 acre tract conveyed from Ellen Baldwin and husband, Joseph Baldwin, to the Penitentiary Board of the State of Texas by deed dated December 24, 1892, recorded in Volume 6, Page 628, Walker County Deed Records, said road right-of-way being described by metes and bounds as follows: BEGINNING at a 5/8 -inch iron rod found at the southeast corner of River Oaks Drive, Elkins Lake, Section 2, plat of record in Volume 174, Page 589, Walker County Deed Records; same being in the west boundary of said E. Davids Survey, and the east boundary of the Wm. Barrett Survey, A -77; said point being W 02- 37'20 "W, 2391.33 feet from a 4 "x4" concrete monument found for the southwest corner of said State of Texas 1000 acre tract, the southwest corner of said E. Davids Survey, the southeast corner of said Wm. Barrett Survey, in the north boundary of the D. McMillian Survey, A -382, and the common north corner of Lots 28 and 30, Block 3, Elkins Lake, Section 1, plat of record in Volume 174, Page 569, Walker County Deed Records; THENCE along the south boundary of the herein described road right -of -way as follows: 1) S 80- 59'40 "E, 76.42 feet to a 1/2 -inch iron rod set for a point of curvature; 2) Easterly along a curve to the left having a central angle of 28- 52'42", a radius of 816.74 feet, a tangent of 210.30 feet, an are length of 411.66 feet and a chord bearing N 72- 50'14 "E, 407.31 feet to a 1/2 -inch iron rod set at the point of tangency; 3) N 58- 23'53 "E, 198.99 feet to a 1/2 -inch iron rod set for a point of curvature; 4) Easterly along a curve to the right having a central angle of 38- 45.05 ", a radius of 414.96 feet, a tangent of 145.93 feat, an arc length of 280.65 feet and a chord bearing N 77- 46'25 "E, 275.34 feet to a l/2 -inch iron rod set for the point of tangency; 5) S 82- 51'01 "E, 100.30 feet to a 1/2 -inch iron rod set for a point of curvature; exhibit A G l 12/29/98 09:30 voLO2'5 (4 59D TX /RX NO.4298 P.006 12/29/1998 10:32 4094364961 WALKER COUNTY River Oaks Right -of -way Page 2 of 3 6) Easterly along a curve to the left having a central angle of 54- 20'l8', a radius of 540.00 feet, a tangent of 277.16 feet, an arc length of 512.13 feat and a chord bearing N 69- 58'49 "E, 493.15 feet to a 1/2 -inch iron rod set in the west right -of- way line of Interstate Highway No. 45, from which a concrete right -of -way monument bears S 59-32'03"E, 295.68 feet; THENCE N 59- 32'03 "W, 82.24 feet along said west right -of -way line of Interstate Highway No. 45 to a 1/2 -inch iron rod set for the northeast corner of the herein described road right -of -way, from which a concrete right -of -way monument bears N 59- 32'03'W, 916.81 feet; THENCE along the north boundary of the herein described road right -of -way as follows: 1) Westerly along a curve to the right having a central angle of 52- 08'56', a radius of 460.00 feet, a tangent of 225.10 feet, an arc length of 418.68 feet and a chord bearing S 71- 04'31"W, 404.37 feet to a 1/2 -iron rod set at the point of tangency; 2) N 82- 51'02"W, 100.30 feet to a 1/2 -inch iron rod set for a point of curvature; 3) Easterly along a curve to the left having a central angle of 38- 45'05', a radius of 494.96 feet, e tangent of 174.07 feet, an arc length of 334.76 feet and a chord bearing S 77- 46'25 "W, 328.42 feet to a 1/2 -inch iron rod set at the point of tangency; 4) S 58- 23'53 "W, 198.99 feet to a 1/2 -inch iron rod set for a point of curvature; 5) Easterly along a curve to the left.having a central angle of 28- 52'42', a radius of 736.74 feet, a tangent of 189.70 feet, an arc length of 371.34 feet and a chord bearing S 72- 50'14'W, 367.42 feet to a 1/2 -inch iron rod set for the point of tangency; 6) S 76- 19119'W, 76.12 feet to a 5/8 -,inch iron rod found for the northwest corner of River Oaks Drive in the said west boundary of State of Texas 1000 acre tract, from which "a 4'x4' concrete monument found at the northeast corner of Elkins Lake, Section 2 bears N 02- 37'20'W, 900.12 feet; lad 12/29/98 09:30 TX /RX NO.4298 P.007 12/29/1998 10:32 4094364961 WALKER COUNTY PAGE 08 River Oaks Rig Page 3 of 3 Taman S• 02- 37'200W, 50.00 feat.along said west boundary of State of Texas 1000 acre tract and the east boundary of Elkins,., Lake, Section 2, to the PLACE OF BEGINNING I, Gerald's. Harris, Jr., regerested professional land surveyor no. 3914, do hereby certify that this description represents a survey made on the ground under *y supervision on April 20, 1995. 6 Gerald B. Harris, Engineers - Surveyors P.O. Box 1446 - 102 Huntsville, Texas 7 (409) 291 -1081 Olt J f tit :ct.ciP..0 c. '96 JAN Z5 ? er =1 i-Associates, Inc, 1 12th Street 7342 -1446 NCO 1 mar r same WI 1. kook 0.►.R OeudyOett4 sod* Want r Pfl d drYteirae�ti all W .a Rw tr raced IN On Mon wow mord tka berm by ma and s+rt, One w *tea .rap.: IMES 1rwtEltIL COUMT, TTt OFFICIAL PUBLIC RECORDS EOM* A 12/29/98 09:30 eW TX /RX NO.4298 P.008