ORD 2000-01 - HMH Roadway - Public Streets 01-11-2000ORDINANCE NO. 2000-01
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, ACCEPTING
CERTAIN ROADWAYS ADJACENT TO HUNTSVILLE MEMORIAL
HOSPITAL AS PUBLIC STREETS OF THE CITY OF HUNTSVILLE,
TEXAS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, there are certain roadways on property owned by Walker County Hospital
District (the "District ") and Huntsville Memorial Hospital, a Texas Non - Profit Corporation (the
"Corporation ") which provide egress and ingress to the parking areas adjacent to the Huntsville
Memorial Hospital; and
WHEREAS, the District and Corporation desire to dedicate such roadways to the public and
the City of Huntsville desires to accept such dedication and make said roadways public streets;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: Subject to receiving a dedicatory document acceptable to the City Attorney,
the roadway rights -of -way shown on Exhibit "A" and described in Exhibit `B" are hereby accepted
by the City of Huntsville as public street rights -of -way and will henceforth be deemed public street.
SECTION 2: That this Ordinance shall become effective from and after the date of its
passage and the City Secretary is instructed to file a copy of this Ordinance along with the dedicatory
document from the District and Corporation in the Deed Records of Walker County, Texas.
PASSED AND APPROVED THIS 11TH DAY OF JANUARY, 2000.
CITY OF HUNTSVILLE EXAS
William B. Green, Mayor
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Danna Welter, City Secretary
APPROVED AS TO FORM:
Paul C. Isham, City Attorney
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PLAT OF
PROPOSED RIGHT -OF -WAY
FIFTY FEET IN WIDTH
PERIMETER STREETS
HUNTSVILLE MEMORIAL HOSPITAL
CITY OF HUNTSVILLE
WALKER COUNTY,TEXAS
JANUARY 4. 2000
SCALE V- 200 FEET
EX T • K
EXHIBIT "A"
61-'
City Of MmbdN Propct No. 99 -12 -01
C" —Kwty lslopm t - M
CHARLES S. DAVIS
WILLIAM L. DURHAM
OF COUNSEL:
CONSTANCE GORMAN DECKER
BOARD CERTIFIED, CIVIL TRIAL LAW,
TEXAS BOARD OF LEGAL SPECIALIZATION
VIA HAND DELIVERY
Mayor and City Council
City of Huntsville, Texas
1212 Avenue M
Huntsville, Texas 77340
DAVIS & DURHAM
ATTORNEYS AT LAW
POST OFFICE BOX 671
HUNTSVILLE, TEXAS 77342-0671
January 5, 2000
1230 TENTH STREET
HUNTSVILLE, TEXAS 77320
TELEPHONE 409- 29S -5751
FACSIMILE 409- 295 -6537
RE: Hospital Facility known as Huntsville Memorial Hospital located at 485 I -45
South Huntsville, Texas 77340
Ladies and Gentlemen:
This firm represents Huntsville Memorial Hospital, a Texas non - profit corporation
( "Corporation ").
The Corporation operates the hospital facility known as Huntsville Memorial Hospital. It
is located on property leased by the Corporation from the Walker County Hospital District of Walker
County, Texas, a body politic and corporate and a governmental agency of the State of Texas created
and operating under the provisions of the 62 °d Legislature, regular session, 1971, Chapter 848, Page
2853, et seq., as amended, enacted pursuant to Article IX, Section 9, of the Constitution of the State
of Texas ( "District ") under the Lease, Mortgage, Deed of Trust, Assignment of Production and
Security Agreement, dated as of July 1, 1977, and recorded in Volume 307, Page 1 of the Deed
Records of Walker County, Texas ( "Lease "). The Lease was amended by an instrument executed
by the District and the Corporation to be effective as of March 28, 1985, and recorded in Volume
222, Page 103 of the Deed of Trust Records of Walker County, Texas. The Lease was again
amended by an instrument executed by the District and the Corporation to be effective as of July 1,
1994, and recorded in Volume 249, Page 570 of the Official Public Records of Walker County,
Texas. The Lease, as amended, shall be hereafter referred to as the "Lease."
The property covered by the Lease consists of 15.32 acres of land situated in the Peter
Tomlinson Survey, Abstract 539, Walker County, Texas, and is more particularly described in the
Lease ( "leased property ")
The original term of the Lease expires on July 1, 2009, and the Corporation has the option
to extend the term beyond the expiration date for successive renewal periods, not to exceed twenty-
five (25) in the aggregate, of one (1) year each.
�7
Mayor and City Council
January 5, 2000
Page 2
The Corporation requests that the streets and the easements and rights -of -way therefor
( "streets ") shown on the attached plat prepared by Glenn Isbell, City Engineer, be dedicated to the
public and be accepted by the City of Huntsville, Texas, for maintenance. All of the streets are
located upon the leased property, except for a small portion of the street that intersects with the
feeder road of Interstate Highway 45 South which is located on property owned by the Corporation.
The Corporation will execute the necessary and appropriate documents to accomplish this request.
Robert R. Hardy, Chairman of the Board of Managers of the District, has advised me that the
District also desires that the streets be dedicated to the public and be accepted by the City of
Huntsville, Texas, for maintenance. Mr. Hardy also authorized me to notify you of this fact and that
this matter will be placed on the agenda of the District's next general meeting which will take place
on January 26, 2000, for action.
Very truly yours,
William L. Durham
WLD:em
cc: Mr. Ralph E. Beaty (w /enc.)
Huntsville Memorial Hospital
P. O. Box 4001
Huntsville, Texas 77342 -4001
Mr. Robert R. Hardy (w /enc.)
Walker County Hospital District
of Walker County, Texas
P. O. Box 1267
Huntsville, Texas 77342 -1267
Mr. Joe B. Henderson (w /enc.)
Smither, Martin, Henderson & Blazek
One Financial Plaza
Huntsville, Texas 77340
Mr. Paul Isham
City Attorney
City of Huntsville, Texas
1212 Avenue M
Huntsville, Texas 77340 A
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PLAT OF
PROPOSED RIGHT -OF -WAY
FIFTY FEET IN WIDTH
PERIMETER STREETS
HUNTSVILLE MEMORIAL HOSPITAL
CITY OF HUNTSVILLE
WALKER COUNTY,TEXAS
JANUARY 4, 2000
SCALE V- 200 FEET
EXHOT " P
EXHIBIT "A"
City Of Huntsville Project No. 99 -12-01
Community Development - BRM
THE STATE OF TEXAS ()
COUNTY OF WALKER(
1, the undersigned Bobby R. Murray, Registered Professional Land Surveyor No. 1559,
do hereby certify that the following field notes represent a survey made on the ground under
my supervision of the following described tract or parcel of land located in the City of
Huntsville, Walker County, Texas.
All of the horizontal datum herein based on the City of Huntsville Surveying Control
Point 5764 having Coordinates of N=10,249,409.5313 and E=3,796,937.2669, Texas State
Plane Coordinate System of 1983(1986 Adjustment), Central Zone. Bearings herein are
`GRID" and are specifically referenced to a bearing of N71 °28'00 "W from City of
Huntsville Surveying Control Point No. 5764 to City of Huntsville Surveying Control
Monument No.5763. Distances are GRID and maybe converted to SURFACE by using
a combined Scale Factor of 0.99988.
Being 3.47 acres of land, situated in the PETER TOMLINSON SURVEY, Abstract No.
539, City of Huntsville, Walker County, Texas, said 3.47 acres of land being all of or out of
the following tracts or parcels of land:
(1) All of a called 0.19 acre tract of land and part of a called 13.23 acre tract of land
described as "TRACT NO. 3" and "TRACT NO. I", respectively, in a Gift Deed from the
W. T. Robinson Co. and the H. Y. Robinson Company to the Walker County Hospital
District dated July 22, 1977 and recorded in Volume 306, Page 31 of the Deed Records of
Walker County, Texas, and
(2) Part of a called 4.539 acre tract of land described as the "TRACT 3" in a Special
Warranty Deed from the H. Y. Robinson Company and others to Huntsville Memorial
Hospital dated June 1, 1998 and recorded in Volume 352, Page 365 of the Official Public
Records of Walker County, Texas;
(3) Part of a called 0.57 of an acre tract of land out of said 13.23 acre tract and being
described as "TRACT C" in said Gift Deed recorded in Volume 306, Page 31 and being also
described as "TRACT C"in a Warranty Deed for a called 2.29 acre tract of land from the W.
T. Robinson Co. and the H. Y. Robinson Company to Paul Vilardi, Trustee and to Warren
E. Hinton, Trustee, dated January 23, 1970 and recorded in Volume 353, Page 458, all in the
Deed Records of Walker County, Texas;
(4) Part of a called 1.47 acre tract of land described in a General Warranty Exchange
Deed from the W. T. Robinson Co. and the H. Y. Robinson Company to the Walker County
Hospital District dated October 18, 1984 and recorded in Volume 437, Page 546 of the Deed
Records of Walker County, Texas;
Said 3.47 acres of land being more definitely described as two tracts by metes and
bounds as follows:
TRACT 1: 2.48 ACRES
BEGINNING in the southwest right-of-way line of Interstate Highway No. 45 at a 5/8"
iron rod found for the most northern or northeast comer of said 0.19 of an acre tract of land,
said comer being also the most eastern or southeast comer of a called 3.894 acre tract of land
described in a Special Warranty Deed from Huntsville Memorial Hospital to David A. Prier,
M.D., dated December 15, 1999 and recorded in Volume 408, Page 462 of the Official
Public Records of Walker County, Texas, said point of beginning having coordinates of
N=10,250,547.11 and E=3796817.97;
EXHIBIT "B"
93
Tract 1: 2.48 Acres (Cont'd)
THENCE S54'02'35"W for a distance of 210.16 feet with the south or southeast line of
said Prier 3.894 acre tract to a 5/8" iron rod found for an angle comer, said comer being
also the most northern comer of said 0.57 of an acre tract and in the north or northeast line
of said 13.23 acre tract said comer being also the most eastern or southeast comer of a
called 0.53 of an acre tract of land which is out of said 13.23 acre tract and a part of said
Prier 3.894 acre tract and being described in a General Warranty Exchange Deed from the
Walker County Hospital District to the W. T. Robinson Co. and the H. Y. Robinson
Company dated October 18, 1984 and recorded in Volume 437, Page 543 of the Deed
Records of Walker County, Texas;
THENCE S64036'50"W for a distance of 40.69 feet with the southeast line of said Prier
3.894 acre tract to a 5/8" iron rod found for an angle comer;
THENCE S54002'00"W for a distance of 304.59 feet with the southeast line of said Prier
3.894 acre tract to a 5/8" iron rod found for an angle comer, said comer being also the most
southern or south comer of said 0.53 of an acre tract of land;
THENCE S32055'00"W for a distance of 47.53 feet with the southeast line of said Prier
3,894 acre tract to a 5/8" iron rod found for its most southern or southeast comer, said comer
being also the most eastern or northeast comer of a said Vilardi and Hinton called 2.29 acre
tract of land;
THENCE S32055'00"W for a distance of 109.32 feet with the east line of said 2.29 acre
tract to a point for an angle comer of the west or northwest line of said 2.48 acre tract herein
described;
THENCE S 17042'05 "W for a distance of45 1. 01 feet within said 13.23 acre tract with the
west line of said 2.48 acre tract herein described to a point for its southwest comer in the
southwest line of said 13.23 acre tract, same being the north line of a called 10.00 acre tract
of land described as "TRACT V in a Special Warranty Deed from the H. Y. Robinson
Company and others to Huntsville Memorial Hospital dated June 1, 1998 and recorded in
Volume 352, Page 365 of the Official Public Records of Walker County, Texas, said comer
being also in the right-of-way of an American Telephone and Telegraph Co. (AT&T)
Easement recorded in Volume 130, Page I of the Deed Records of Walker County, Texas;
THENCE S72003'35"E for a distance of 687.58 feet within said AT&T Easement with
the southwest line of said 13.23 acre tract, same being the northeast line of said 10.00 acre
tract to a point for the most southern or southeast comer of said 2.48 acre tract herein
described;
THENCE N54 °00' 10 "E for a distance of 399.08 feet within said 13.23 acre tract with the
most eastern southeast line of said 2.48 acre tract herein described to a point for its most
eastern northeast comer;
THENCE N35057'40"W for a distance of 50.00 feet with the northeast line of said 2.48
acre tract herein described to a point for comer;
THENCE S54 °00' 10 "W for a distance of 373.67 feet within said 13.23 acre tract with a
northwest line of said 2.48 acre tract herein described to a point for an upper southeast
comer;
m
-3-
Tract 1: 2.48 Acres (Cont'd)
THENCE N72 003'35 "W for a distance of 607.35 feet within said 13.23 acre tract with
the north line of said 2.48 acre tract herein described to a point for an upper southwest
corner;
THENCE N27° 10'45 "W for a distance of 7.09 feet within said 13.23 acre tract with the
north line of said 2.48 acre tract herein described to a point for corner;
THENCE N17 042'05 "E for a distance of 389.54 feet within said 13.23 acre tract with
the east line of said 2.48 acre tract herein described to a point for corner;
THENCE N32 055'00 "E for a distance of 140.85 feet with the east line of said 2.48 acre
tract herein described to a point for a corner within said 1.47 acre tract;
THENCE N54 002'00 "E for a distance of 295.25 feet within said 1.47 acre tract with the
east or southeast line of said 2.48 acre tract herein described to a point for corner;
THENCE N64 036'50 "E for a distance of 40.69 feet within said 0.57 of an acre tract with
the east or southeast line of said 2.48 acre tract herein described to a point for corner in the
southwest line of said Huntsville Memorial Hospital 4.539 acre tract;
THENCE N54 002'35 "E for a distance of 210.28 feet within said 4.539 acre tract with the
east or southeast line of said 2.48 acre tract herein described to a point for its most eastern
southeast corner in the southwest right -of -way line of said Interstate Highway No. 45, said
corner being S36 °04'20 "E a distance of 10.04 feet from a 5/8" iron rod found for the most
northern or northeast corner of said 4.539 acre tract;
THENCE N3 6 °04'20 "W for a distance of 50.00 feet with the southwest right -of -way line
of said Interstate Highway No. 45, same being the northeast line of said 2.48 acre tract herein
described, to the POINT OF BEGINNING.
TRACT 2: 0.99 ACRES
BEGINNING at a 5/8" iron rod found for the most southern or southwest corner of said
Huntsville Memorial Hospital 4.539 acre tract, same being the most eastern or northeast
corner of said 13.23 acre tract, said corner being also the most eastern or southeast corner
of said 0.99 of an acre tract of land herein described and being in the northwest right -of -way
line of Robinson Creek Parkway as shown on the Plat of the Robinson Creek Subdivision
recorded in Volume 2, Page 26 of the Plat Records of Walker County, Texas, said point of
beginning having coordinates of N= 10,249,687.49 and E= 3,797,181.96;
THENCE N35 057'40 "W for a distance of 859.56 feet with the west or southwest line of
said 4.539 acre tract, same being the northeast line of said 13.23 acre tract, to a point for the
most northern or northeast comer of said 0.99 of an acre tract herein described, said corner
being S35 °57'40 "E a distance of 10.00 feet from a 5/8" iron rod found for the west or
northwest comer of said 4.539 acre tract;
THENCE S64 036'50 "W for a distance of 40.69 feet within said 13.23 acre tract with the
northwest line of said 0.99 of an acre tract herein described to a point for comer;
THENCE S54 002'00 "W for a distance of 10.00 feet within said 13.23 acre tract with the
northwest line of said 0.99 of an acre tract herein described to a point its most western or
northwest corner;
O
-4-
Tract 2: 0.99 Acres (Cont'd)
THENCE S35057'40"E for a distance of 867.91 feet within said 13.23 acre tract with the
west or southwest line of said 099 of an acre tract herein described to a point for its most
southern or southwest comer in the northwest right-of-way line of said Robinson Creek
Parkway;
THENCE N53002'10"E for a distance of 50.01 feet within said 13.23 acre tract with the
northwest right-of-way line of said Robinson Creek Parkway to the POINT OF
BEGINNING. 0 F
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Surveyed in December of 1999.
. . ....................
By Ry 3�L
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..............
1559
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Signed:
Bobby R. Murray
RPLS No. 1559
F-21,