RESO 1980-09 - Emancipation Park Condemnation• •
RESOLUTION NO. 80 -9
DECLARING A NECESSITY FOR ACQUISITION OF CERTAIN PROPERTY
FOR PUBLIC PARK PURPOSES AND AUTHORIZING ACQUISITION BY
CONDEMNATION AND EMINENT DOMAIN
WHEREAS, the City of Huntsville has heretofore estab-
lished a park and recreational facility known as Emancipa-
tion Park, for the health, welfare, comfort, and convenience
of the City and its inhabitants, and in connection therewith
has acquired certain lands and real estate for park purposes,
and has established recreational facilities within the area
owned by it, and,
WHEREAS, the officials of the City of Huntsville, Texas
have been unsuccessful in their efforts to acquire such
additional lands by private purchase and negotiation, and
WHEREAS, the Charter of the City of Huntsville in
Section 3.01 confers on the City and its Council the right
to acquire property for any municipal purpose by condemna-
tion, pursuant to the powers granted by the Home Rule
Amendment of the Constitution of the State of Texas and
Articles 1175, 1176, 1177, 1178, 1179 and 1180, Revised
Civil Statutes of Texas, enacted pursuant to Article XI,
Section 5 of the Constitution of the State of Texas, all of
which have been accepted and implemented by the City of
Huntsville; and
WHEREAS, the City Council of the City of Huntsville
after investigation in executive session on January 22, 1980
has determined that it is for the advancement of the interest,
welfare, health, comfort, safety and convenience of the City
and its inhabitants that Emancipation Park be enlarged by
acquisition by condemnation of the lands hereinafter referred
to;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Huntsville, Texas that there be acquired by
condemnation for use as public park purposes and as an
addition to and to be included in Emancipation Park located
in the City of Huntsville, Texas the lands described on
Exhibit A to this Resolution, and by reference made a part
hereof;
BE IT FURTHER RESOLVED that the proper officials,
employees and representatives of the City of Huntsville,
including the City Manager, and City Attorney, be, and
they are hereby, authorized to institute and pursue such
condemnation proceedings as may be necessary to carry
into effect this resolution, that all acts heretofore
done by them are hereby ratified.
APPROVED AND ADOPTED this the
1980.
ATTEST:
Ruth DeShaw, City Secretary
APPROVED D A T
day of March, A.D.,
THE CITY OF HUNTSVILLE, TEXAS
F. H. Pannill, Sr.
City Attorney
• •
EXHIBIT A
The following described tract of land located in the City
of Huntsville, Walker County, Texas, and being known as
No. 310 Avenue F, being a part of the P. Gray League in
Walker County, Texas, and part of a tract of land de-
scribed in a deed from J.W. (Wince) Smith to John
Hedspeth and wife, Annie Hedspeth by deed dated July
25, 1940 recorded in Vol. 274, p. 484, Deed Records of
Walker County, Texas, the portion herein to be taken
and condemned, being more particularly described as
follows, to -wit:
Beginning at the Northwest corner of the above de-
scribed tract of land and the Southwest corner of the
Johnnie Jones tract of land as it existed on July 25,
1940; being 150 feet south of the southeasterly inter-
section of Avenue F and 3rd Street in Huntsville,
Walker County, Texas;
Thence along the west boundary line of the above
mentioned John Hedspeth, et ux tract of land described
in Vol. 274, p. 484, a distance of 54.5 feet to a point
for a corner of this tract;
Thence easterly parallel to the northerly line of said
John Hedspeth tract a distance of 86.5 feet to a point
for the southeast corner of this tract;
Thence northerly to a point on the northerly line of
the above described John Hedspeth tract for the northeast
corner of this tract;
Thence westerly along the boundary line of said John
Hedspeth tract to the place of beginning, and being the
same land conveyed by John Hedspeth and wife, Annie
Hedspeth to Eddie Lee Hedspeth and wife, Ruby Hedspeth
by deed dated July 25, 1940 recorded in Vol. 112, p.
370.
EXHIBIT A - page 1
EXHIBIT A
The following described tract of land located in the
City of Huntsville, Walker County, Texas, and being known as
the John Hedspeth tract, also known as No. 312 Avenue F,
being a part of the P. Gray League in Walker County, Texas,
which is 202 feet E & W and 182 feet N & S and described in
deed dated July 25, 1940, and being more particularly de-
scribed as follows:
BEGINNING at the Northwest corner of the E. Hedspeth
Tract as recorded in Vol. 112, Page 371, Walker County
Deed Records, same being the Southwest corner of a
tract conveyed to the City of Huntsville, as recorded
in Vol. 203, Page 308, Walker County Deed Records;
THENCE Southerly with the East right -of -way of Avenue
F 182' to a point;
THENCE Easterly with the North line of a tract conveyed
to the City of Huntsville by George Holt dated July
1938 202 feet to a point;
THENCE Northerly with the West line of a tract of land
conveyed to the City of Huntsville, as recorded in
Volume 180, Page 99, Walker County Deed Records, 182'
to a point;
THENCE Westerly with the South line of the City tract
as recorded in Volume 203, Page 308, Walker County Deed
Records, 202 feet to the PLACE OF BEGINNING;
Being the same land conveyed by Wince Smith to John
Hedspeth and recorded in Volume 274, Page 484, Walker
County Deed Records, save and except a tract 54.5 feet
E & W and 86.5 feet N & S, more particularly described
in deed from John Hedspeth and wife, Annie Hedspeth, to
Eddie Lee Hedspeth and wife, Ruby Hedspeth dated July
25, 1940 recorded in Vol. 112, p. 370, Deed Records of
Walker County, Texas.
EXHIBIT A - page 2