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ORD 1998-36 - Easements To Provide Necessary Right-Of-Way For Water Pipeline 12-01-1998ORDINANCE NO. 98 -36 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; and WHEREAS condemnation has become necessary in order to acquire said easements; 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 and cannot agree upon the value of the easements or the damages to be paid and further negotiations would be futile. 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 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 theT day of DtCOW& ,1998. CITY OF HUNTSVILLE, TEXAS William B. Green, Mayor ATTEST: J Danna Welter, City Secretary APP V2ED: cott Bounds. City Attorney PROPERTY OWNERS EXHIBIT "A" TO ORDINANCE NO. 98-36 PROPERTY DESCRIPTION David Kimich A 30' wide easement and right-of-way across a certain 211.40 acre tract of land out of the John G. Conner Survey, Abstract No. A-12, Grimes County, Texas, described by deed recorded in Volume 638, Page 453, of the Real Property Records of Grimes County, Texas. H. Charles Neason A 30' wide easement and right-of-way across a certain 54.7 acre tract of land and a 130.2 acre tract of land out of the John G. Conner Survey, Abstract No. A-12, Grimes County, Texas, described by deed recorded in Volume 262, Page 107 and Volume 227, Page 408, respectively, of the Real Property Records of Grimes County, Texas. Walter and Judith Kimich A 30' wide easement and right-of-way across a certain 124.736 acre tract of land out of the John Fisher Survey, Abstract No. A-199, Grimes County, Texas, described by deed recorded in Volume 684, Page 364, of the Real Property Records of Grimes County, Texas.