ORD 1999-19 - Property Required For Public Purposes 06-29-1999ORDINANCE NO. 99-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO
MAKE AN OFFER FOR THE CITY OF HUNTSVILLE FOR THE
ACQUISITION OF CERTAIN INTERESTS IN PROPERTY THAT IS
REQUIRED FOR PUBLIC PURPOSES (FISH HATCHERY SANITARY
SEWER LINE); DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS
REFUSED; PROVIDING FOR THE FILING OF LIS PENDENS; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS The City Council of the City of Huntsville now finds and determines that public
convenience and necessity require that the City of Huntsville acquire an easement
described herein for public purposes for the Fish Hatchery Sanitary Sewer Line;
NOW, THEREFORE, be it ordained by the City Council of the City of Huntsville, Texas, that:
Section 1: The City Council of the City ofHuntsville officially determines that there is a public
necessity for, and the public welfare and convenience will be served by, the
acquisition of a certain easement described below for the purpose of constructing the
Fish Hatchery Sanitary Sewer Line within the City limits of the City of Huntsville,
Texas:
That certain 20 -foot wide sanitary sewer easement out of a parcel of land in the
Foster Bobo Survey A -74, Walker County, Texas, and being fully described on
Exhibit "1" attached hereto, owned by Jane Kathryn Myers; and
Section 2: That the City Attorney is authorized and directed to make an offer of $356.25 to
Jane Kathryn Myers for the easement described in Exhibit "I", and the offer shall
provide that if it is not accepted within ten (10) days after receipt, the City of
Huntsville will consider such offer refused and will institute condemnation
proceedings.
Section 3: That in the event that the offer is refused, either expressly or by failure of the owner
to unconditionally accept the same within the time specified, the City Council finds
that public necessity requires the acquisition of the easement for the Fish Hatchery
Sanitary Sewer Line, and the City Attorney is authorized to institute condemnation
proceedings against the property owner on behalf of the City of Huntsville under the
provisions of Chapter 21 of the Texas Property Code, the Charter of the City of
Huntsville, or any other applicable state or local law. Additionally, the City Attorney
is directed to file notice of this action in the real property records of Walker County,
Texas, pursuant to Section 12.007 of the Texas Property Code.
Section 4: Should the offer be accepted , the money above set forth shall be paid out of any
appropriation heretofore made for which the above described tract is required.
Should the offer not be accepted, the amount finally awarded to the owner in the
condemnation proceedings, plus costs, fees and expenses, shall be paid out of such
funds so appropriated.
Section 5: This ordinance shall take from and after its passage.
PASSED AND APPROVED by the City Council of the City of Huntsville, Texas on this 29th day
of June, 1999.
THE CITY OF HUNTSVILLE
William B. Green, Mayor
ATTEST:
Danna Welter, City Secretary
Paul Isham, City Attorney
A Page 1 of 2
WISENBAKER.Fix, & ASSOCIATES, INC.
Consulting Engineers 921 ESE Loop 323 Stile 34
Tyler. Tam 75701
P. O. Box 6968
Tyler, Te= 75711
(901) 5814111
EXHIBIT A FAX M)581U53
CENTERLINE DESCRIPTION
E97 -005
20' WIDE SANITARY SEWER EASEMENT
CITY OF HUNTSVILLE
FOSTER BOBO SURVEY, A -74
WALKER COUNTY, TEXAS
Being a strip of land, twenty (20) feet in width, situated in the Foster Bobo Survey, A-
74, Walker County, Texas, and being over and across a 1.54 acre tract which was
conveyed to Jane Kathyrn Myers by an instrument recorded in Volume 0200, Page 006,
Walker County Official Records (OR), said strip of land, twenty (20) feet in width,
lying ten (10) feet on each side of the following described centerline:
COMMENCING FOR REFERENCE at a 1/2" iron rod found at the southeast comer
of the above mentioned 1.54 acre tract, same being the northeast comer of a 2.00 acre
tract which was conveyed to Bobbie Roberts by an instrument recorded in Volume 446,
Page 603, WCDR; '
THENCE S 560 06' 09 " W, along the common line between said 1.54 acre tract and
said 2.00 acre tract, a distance of 10.00 feet, to a point and the PLACE OF
BEGINNING of the herein described centerline;
THENCE N 33° 56' 13" W, along a line which is 10.00 feet perpendicularly distant
from and parallel to the east boundary line of said 1.54 acre tract, 360.97 feet to the
point of intersection with the north boundary line of said 1.54 acre tract, same being the
south boundary line of a 0.47 acre tract which was conveyed to James L. Berry by an
instrument recorded in Volume 0108, Page 773, OR, and the end of the herein described
centerline, a 1/2" iron rod found at the northeast comer of said 1.54 acre tract, same
being the southeast comer of said 0.47 acre tract bears, N 56° 06' 09" E, 10.00 feet.
A Temporary Construction Easement, 50 feet in width, lying 40 feet west of and 10 feet
east of the above described centerline shall be used only during the construction and
testing phase of the proposed sewer facilities.
The above described centerline crosses the property of Jane Kathern Myers for a total
distance of 634.16 feet.
The side lines of the above described casements are to be extended or shortened so as to
terminate on property lines and not create gaps or overlaps. The bearings recited herein
are based on the City of Huntsville Horizontal Control Network between monuments
FA64 and CPIC 8, being N 88° 21' 36" E. This description and corresponding plat
hv03l\survey\e97005.doe
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Page 2 of 2
were prepared from a survey made on the ground under my supervision during the
month of May, 1996.
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effr y Elsudson Date
Registered Professional Land Surveyor
Texas Registration No. 4850
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-- EXHIBIT
JAMES L BERRY
VOL 0108, PG. 773
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BOBBIE ROBERTS
VOL 4446, PG. 603
BEARING BASIS: CITY OF HUNTSVIUX HORQONTAL
COHTRM MCr* RK 9ETIYEEH UONUUENTS
FA" AND CPC & BEING N W21'36%
THIS PMT AND CORRESPONDING
CENTERUNE DESCRIPTION OF EVER
DATE HEREWITH WAS PREPARED
FROM A SURVEY MADE ON THE
GROUND UNDER WY SUPERVISION
DURING THE WONTH OF MAY. 1996-
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RTH HUDSON
EG RED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 4AS0
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