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ORD 1999-09 - Condemnation (Tenaska) 03-02-1999ORDINANCE NO. 99 -09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION EASEMENTS ACROSS CERTAIN DESCRIBED PROPERTIES FOR RIGHT -OF -WAY PURPOSES FOR CONSTRUCTION AND OPERATION OF A WATER PIPELINE AND RELATED APPURTENANCES FROM THE HUNTSVILLE REGIONAL WATER TREATMENT PLANT TO AN ELECTRIC GENERATING FACILITY NEAR SHIRO, GRIMES COUNTY, TEXAS, AND ORDERING THE CONDEMNATION OF SAID EASEMENTS TO PROCEED. WHEREAS by Ordinance 98 -18, passed and approved on September 1, 1998, the City Council authorized negotiation with landowners for easements across their properties in order to provide necessary right -of -way for the water pipeline system and its appurtenances extending from the Huntsville Regional Water Treatment Plant to an electric generating facility near Shiro, Grimes County, Texas, and purchase of such easements; and WHEREAS good faith negotiations with certain landowners have proven unsuccessful, and the landowners have been unable to agree with the City of Huntsville upon the consideration to be paid for the easements and further negotiations would be futile and unsuccessful; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that SECTION 1: The City Council of the City of Huntsville officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition by condemnation of easements across those properties described in Exhibit "A ", attached hereto and made a part of this ordinance, for the purpose of providing right -of -way for the water pipeline system and appurtenances extending from the Huntsville Regional Water Treatment Plant to an electric generating facility near Shiro, Grimes County, Texas. SECTION 2: It is hereby determined that the City of Huntsville, Texas, has in fact transmitted a bona fide offer to the said landowners in accord with the price ranges heretofore approved by the City Council, and that the City of Huntsville, Texas, and the said landowners have been unable to agree upon the value of the easements or the damages to be paid. SECTION 3: Public necessity requires the acquisition of the easements across the properties described in Exhibit "A" for right -of -way purposes for the water pipeline system and appurtenances extending from the Huntsville Regional Water Treatment Plant to an electric generating facility near Shiro, Grimes County, Texas, and that public necessity and convenience require the condemnation of said easements in order to acquire them for such purposes. SECTION 4: The City Attorney, and such private attorneys as designated by the City Manager to assist him, is hereby authorized and directed to make a final offer as listed in Exhibit "A" to the actual real and true owners of the property, whether correctly named or not, for the purchase and acquisition by the City of an easement in the property that is required for public purposes, and if the offer is not accepted after written notification, to institute proceedings in eminent domain against the landowners of the properties described in Exhibit "A" and against all other owners, lienholders, and other holders of interest in the properties in order to acquire easements for the water pipeline system and appurtenances. SECTION 5: This ordinance shall become effective immediately upon its passage. PASSED by the City Council of the City of Huntsville, Texas on this the day of bV-kCA-i , 1999. CITY OF HUNTSVILLE, TEXAS �' j 7� h,,,- William B. Green, 1Mayor ATTEST: "—— a elter, City Secretary Ish , City Attorney PROPERTY OWNERS EXHIBIT "A" TO ORDINANCE NO. 99 -09 Sullivan Partners (16/44) A 30' wide easement and right -of -way across a certain 98.5 acre tract of land out of the N. Robbins Survey, Abstract 455, and a 176.96 acre tract of land out of the J. J. Anchez Survey, Abstract 46, Walker County, Texas, described in a deed recorded in Volume 304, Page 849, and Volume 30, Page 399, Deed Records, Walker County, Texas. Paul Cameron, Jr. et ux (57/58/59) (Highland Ranch) Cleo Weir, et al (60) Charles Weir, et ux (61) Carl Davis Berglund, Julia Ann Wolfe, Charlla Jean Neason, Anna Dailyn Neason (65/66/68) A 30' wide easement and right -of -way across a certain 98.06 acre tract of land out of the S. Mixon Survey, Abstract 351, a certain 35.32 acre tract of land out of the J. Thornton Survey, Abstract 555, and a certain 91.4 acre tract of land out of the J. Lindley Survey, Abstract 325, Walker County, Texas, described in a deed recorded in Volume 381, Page 402, Deed Records, Walker County, Texas. A 30' wide easement and right -of -way across a certain 148.3 acre tract of land out of the John Conner Survey, Abstract 11, Walker and Grimes Counties, described in a deed recorded in Volume 221, Page 455, and Volume 288, Page 673, Deed Records, Walker County, Texas. A 30' wide easement and right -of -way across a certain 235.1 acre tract of land out of John Conner Survey, Abstract 12, Walker and Grimes Counties, described in a deed recorded in Volume 295, Page 553, Deed Records, Walker County, Texas. A 30' wide easement and right -of way across a certain 56.30 acre tract of land out of John Fisher Survey, Abstract 199, a certain 142.25 acre of land out of Geo Robinson Survey, Abstract 391, and a 18.75 acre tract of land out of Geo Robinson Survey, Abstract 391, Grimes County, Texas, described by deed recorded in Volume 495, Page 754, Volume, 554, Page 718 and Volume 554, Page 730, Real Property Records of Grimes County, Texas. Joann Berglund et vir (7 1) A certain 30' wide easement and right -of -way across a certain 128 acre tract of land out of the John Fisher Survey, Abstract 199, Grimes County, Texas, described by deed recorded in Volume 649, Page 669, Volume 608, Page 349, Volume 608, Page 346, and Volume 554, Page 727, Real Property Records of Grimes County, Texas. Florence Neason (90) A 30' wide easement and right -of -way across a certain 25 acre tract of land out of the Wm. McGuffin Survey, Abstract 39, Grimes County, Texas, described by deed recorded in Volume 491, Page 08, Real Property Records of Grimes County, Texas. David Hildebrandt (92) A 30' wide easement and right -of -way across a certain 175 acre tract of land out of the Wm. McGuffin Survey, Abstract 39, Grimes County, Texas, described by deed recorded in Volume 640, Page 252, Real Property Records of Grimes County, Texas.