ORD 1997-20 - Annexation - S.H. 75 S - Various 06-03-1997ORDINANCE NO. 97-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF
CERTAIN TERRITORY THAT LIES ADJACENT TO AND ADJOINS THE
PRESENT BOUNDARY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS;
APPROVING A SERVICE PLAN FOR THE AREA; AND MAKING
VARIOUS OTHER FINDINGS AND PROVISIONS RELATED THERETO.
WHEREAS Pursuant to Ordinance 97 -12, the City of Huntsville ordered public hearings where
all interested persons would be provided the opportunity to be heard on the proposed
annexation of the property described in Exhibit "A" attached hereto; and
WHEREAS Notices of such public hearings were published in the Huntsville Item, a paper having
general circulation in the City of Huntsville, Texas and Walker County, Texas, on
Friday, April 18, 1997, and Sunday, April 20, 1997, which dates were not more than
20 days nor less than 10 days prior to the date of the opening of such public hearings;
and
WHEREAS The public hearings were held at 5:30 p.m. on Tuesday, April 29, 1997, and
Thursday, May 1, 1997, in the City Council Chambers of the City Council at City
Hall, 1212 Avenue M, Huntsville, Texas, which dates are not more than 40 days nor
less than 20 days prior to the consideration of this ordinance; and
WHEREAS During the hearings the proposed service plan was made available for inspection and
explained to the inhabitants of the areas to be annexed at that time; and
WHEREAS The City of Huntsville has a population in excess of 25,000 but less than 49,999
inhabitants; and
WHEREAS The above described property lies within the extraterritorial jurisdiction of the City
of Huntsville, Texas; and
WHER1 AS The corporate area of the City of Huntsville, Texas, was approximately 17,698 acres
on the 1 st day of January, 1997; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1: The following described land and territory lying adjacent to and adjoining the City
of Huntsville, Texas, is hereby added and annexed to the City of Huntsville, Texas,
and the territory hereinafter described shall hereinafter be included within the
boundary limits of the City of Huntsville, Texas, and the present boundary limit of
the City, at the various points contiguous to the area hereinafter described, are altered
and amended so as to include the area within the corporate limits of the City of
Huntsville Texas, described in Exhibit "A ", attached.
Section 2: The Service Plan attached to this ordinance (Exhibit "B "), and made a part hereof for
intents and purposes, is hereby adopted and approved as the Service Plan for the area
annexed by this ordinance.
Section 3: The above described territory and the area so annexed shall be a part of the City of
Huntsville, Texas, and the property so added shall bear its pro rata part of the taxes
levied by the City of Huntsville, Texas, and the inhabitants thereof shall be entitled
to all of the rights and privileges of all the citizens of Huntsville and shall be bound
by the acts, ordinances, resolutions and regulations of the City of Huntsville, Texas.
Section 4: Upon final passage of this ordinance, all property shall be zoned as "M ",
management district as shown on the amendment to the official zoning map of the
City, attached hereto as "Exhibit C ". This zoning classification shall be temporary.
The City Planning Officer and City Planning and Zoning Commission are hereby
directed to commence proceedings to make a recommendation to City Council for
permanent zoning within six (6) months.
Section 5: The City Secretary shall file a certified copy of this ordinance with the County Clerk
within thirty (30) days of notice of U. S. Justice Department approval of this
annexation.
Section 6: This ordinance shall take effect immediately upon its passage by Council.
PASSED AND APPROVED this the 3rd day of June, 1997.
ATTEST:
THE CITY OF HUNTSVILLE
i -- 31
William B. Green, Mayor
0-�C� `6d�,tA
Danna Welter, City Secretary
City Attorney
EXHIBIT "A"
F.M. 2821 (FISH HATCHERY) - RIGHT OF WAY ONLY
BEGINNING at a point on the existing city limits line as established by Ordinance No. 84 -32, said
point being the northeast corner of Lot # 18 of Spring Hill, Section III being also in the south right
of way of F.M. 2821 (Fish Hatchery); THENCE NO °31'W 100 feet along the existing city limits
line to the north right of way line of F.M. 2821; THENCE easterly along the existing city limit line
being also the north right of way line of F.M. 2821 to corner No. 3 of a 100 acre tract No. J -3
conveyed by Gibbs Brothers and Co. to U.S.A. and recorded in Volume 82, Page 131, W.C.D.R.;
THENCE southerly across F.M. 2821 to its south right of way line of F.M. 2821; THENCE westerly
along the south right of way line of F.M. 2821 to the POINT OF BEGINNING.
STATE HIGHWAY 30, WEST - RIGHT OF WAY ONLY
BEGINNING at a point for the northwest corner of a called 132 acre tract as described in a deed to
Helen Oliphant Spencer and recorded in Volume 169, Page 320, Walker County Deed Records, said
point being on the existing city limits line as per Ordinance No. 80 -50 and Ordinance No. 94 -32, said
point being also on the south right of way line of State Highway 30; THENCE westerly with the
existing city limits line as established by Ordinance 94 -32, same being the south right of way line
of S.H. 30 to a point for the northeast corner of the Glass Subdivision as per plat recorded in Volume
1, Page 53 of the Walker County Plat Records; THENCE S53 °32'20 "W with north line of the Glass
Subdivision and the south right of way line of State Highway 30, for a distance of 201.8 feet to a
point in the center of Sumac Road; THENCE S53 °25'W with the north line of the Glass Subdivision
and the south right of way line of State Highway 30, for a distance of 690.90 feet to the northwest
corner of the Glass Subdivision; THENCE N36 °35'W across State Highway 30 to its north right of
way line; THENCE in an easterly direction along the north right of way line of State Highway 30
to its intersection with the existing city limits line as per Ordinance No. 80 -50; THENCE in a
southerly direction along the existing city limits line across State Highway 30 to the POINT OF
BEGINNING.
STATE HIGHWAY 75, NORTH - RIGHT OF WAY ONLY
BEGINNING at an ell corner of the existing city limits as established by Ordinance 94 -33, said
point being in the northeast right of way line of SH 75 and being the south line of a 10.0 acre tract
as described in a deed for Charles F. Spriggs, et. al. and S & S Pipe and Supply, Inc., dated July 8,
1991 and recorded in Volume 0146, Page 793, Walker County Official Records; THENCE N72 ° W
along the existing city limits line and the northeast right of way line of S.H. 75 and the southwest
line of said 10.0 acre tract to a point for the southwest corner of said 10.0 acre tract, same being the
southeast corner of a called 5.747 acre tract described in a Contract of Deed from George Kearse
Rawson, el. al. to Donald G. Dean, dated January 1, 1992 and recorded in Volume 0162, Page 132
of the W.C.O.R.; THENCE S18 °W across S.H. 75 to its south right of way line; THENCE S72 °E
along the south right of way line of S.H. 75 to its intersection with the existing city limits line as
established by Ordinance 94 -33 said point being in the east right of way line of Wire Road;
THENCE northerly with existing city limits line, across S.H. 75 to the POINT OF BEGINNING.
F.M. 247 - RIGHT OF WAY ONLY
BEGINNING at an ell corner of the existing city limits as established by Ordinance 94 -34, said
point being in the northeast right of way line of F.M. 247 and being the northwest corner of a called
1.5 acre tract described in a deed from Willie May Shotwell to Wilson T. Shotwell, dated April 19,
1979 and recorded in Volume 336, Page 733 of the Walker County Deed Records; THENCE in a
westerly direction perpendicular to the highway centerline to the southwest right of way of F.M. 247;
THENCE southerly along the southwest right of way of F.M. 247 to its intersection with the existing
city limits line being the north line of the O'Bannon Addition as per plat recorded in Volume 1, Page
38 of the Walker County Plat Records and the north right of way line of Pine Hollow Drive;
THENCE easterly, continuing with the existing city limits line, across F.M. 247 to the POINT OF
BEGINNING
I.H. 45/S. H. 75 SOUTHMARK 40
BEGINNING at a point in the northeast right-of-way line of S. H. 75 and being the south
or southwest comer of a 20.0 acre tract conveyed to McMurry Oil Tools, Inc. in Volume 0163,
Page 834, Official Records of Walker County, Texas and, a comer of a Gibbs Brothers and Co.
residual 427.94 acre tract out of a 1,208 acre tract recorded in Volume 16, Page 235 (24th Tract),
WCDR, said point being in a south line of an existing city limits line as per City Ordinance No.
94-30;
THENCE, southeasterly with the northeast right-of-way line of S.H. 75 continuing to the
south right-of-way line of "Evelyn Lane" which is the common line between the RIPLEY and
SHARP SURVEYS;
THENCE S45'W, with the common lines of said RIPLEY and SHARP SURVEYS, to a
point for a lower southwest comer of the RIPLEY SURVEY and the northwest comer of the
SHARP SURVEY, same being in the east line of the I & GNRR CO. SURVEY, Abstract No.
689;
THENCE S45E, with the common lines of the SHARP and I & GNRR SURVEYS, at
approximately 347.22 feet passing an occupied point for the southeast comer of the I & GNRR
CO. SURVEY, same being an upper north comer of the MONTGOMERY COUNTY SCHOOL
LAND SURVEY, Abstract No. 353, continuing with the common lines of the SHARP and
MONTGOMERY COUNTY SCHOOL LAND SURVEY, for an approximate total distance of
2708.33 feet to a point;
THENCE S45'W, across the MONTGOMERY COUNTY SCHOOL LAND SURVEY,
for a distance of approximately 4619.44 feet to a point as the occupied southeast comer of the
SILAS GAMMON SURVEY, Abstract No. 217 and an ell comer of the MONTGOMERY
COUNTY SCHOOL LAND SURVEY;
THENCE N45'W, with the common lines of the SILAS GAMMON and
MONTGOMERY COUNTY SCHOOL LAND SURVEYS, at 2361.11 feet past an upper
northwest comer of the MONTGOMERY COUNTY SCHOOL LAND SURVEY, same being
the lower southwest comer of the I & GNRR CO. SURVEY, continuing with the common lines
of the GAMMON and I & G.N. RR. CO. SURVEYS, for a total distance of 3138.90 feet to a
point for the lower north comer of the I & GNRR CO. SURVEY, same being the northeast
comer of the GAMMON SURVEY, also being in the south line of the J. FOX SURVEY,
Abstract No. 200;
THENCE S45'W, with the common lines of the FOX and GAMMON SURVEYS, to a
point for the southwest comer of the FOX SURVEY and a north comer of the GAMMON
SURVEY, same being in the east line of the J. HARDEMAN SURVEY, Abstract No. 279;
M
THENCE N46'W, with the west line of the FOX SURVEY, to a point for the most
northern northwest comer of the FOX SURVEY and also being the common comer of the W. D.
GLASSCOCK SURVEY, Abstract No. 222, same being in the south line of Elkins Lake Section
Three as per Plat recorded in Volume 174, Page 569, Deed Records, said point being in the south
line of an existing city limits line as per City Ordinance No. 94-31 located on the south line of
the J. O'BANNON SURVEY, Abstract No. 428;
THENCE S80.1 FE, with the existing city limit line being the common lines of the FOX
and O'BANNON SURVEYS, and the south h line of Section Three, to a point for the southeast
comer of the O'BANNON SURVEY, being an ell comer of the FOX SURVEY and a south
comer of the J. S. ANGIER SURVEY, Abstract No. 717;
THENCE N09-19'E, 2,982.90 feet with the existing city limit line being the common
lines of the O'BANNON and ANGIER SURVEYS, and the east line of Section Three and
Section One of Elkins Lake Subdivision as per plat recorded in Volume 174, Page 569, Deed
Records to a point, said point being the southwest comer of a called 32 acre tract conveyed to
Tinsley, Inc.;
THENCE N89'55E, with the existing city limit line being also the south line of the 32
acre tract, for a distance of 983.3 feet to the southeast comer of the 32 acre tract;
THENCE N00 -22-W, with the existing city limit line being also the east line of the 32
acre tract, for a distance of 1229.2 feet to its northeast comer, said point being in the north line of
the A. BROWN SURVEY, Abstract No. 95 and the south line of the D. McMILLIAN SURVEY,
Abstract No. 382;
THENCE S89-55-W, with the existing city limit line being also the common lines of the
McMILLIAN and BROWN SURVEYS, same being the north line of the 32 acre tract, for a
distance of 106.7 feet to its northwest comer;
THENCE N00-50'E, with the existing city limit line being also the east line of said
Section One, for a distance of 1297.9 feet to a point for an ell comer of Section One;
THENCE N89 - 5 I'E, with the existing city limit line being also a south line of Section
One, for a distance of 1648.10 feet to a comer of Section One;
THENCE N00 '36E, with an east line of Elkins Lake, Section One and the existing city
limit line, for a distance of 1600.5 feet to another comer of Section One.
THENCE with the south line of said Elkins Lake, Section One and the existing city limit
line as follows:
1) N71-17E - 156,70 feet;
2) N64 0 46E - 601.90 feet;
3) N6904TE - 662.50 feet;
Iq
4) N70-17'E - 704.20 feet;
5) N73 ° 16E - 114.20 feet to a concrete monument for the most eastern southeast
corner of said Elkins Lake Section One;
THENCE Southeasterly, with the existing city limit line (Ordinance 94 -30) being the
west right -of -way line of I.H. 45, to a point where the south line of a 5.785 acre tract conveyed to
the City of Huntsville in Volume 0221, Page 337, Official Records, would be if extended
westerly and intersected the southwest right -of -way line of I.H. 45;
THENCE N52 026'34.1 "E, across I.H. 45, passing the southwest corner of said 5.785 acre
tract, continuing with its south line pass its southeast corner and across S.H. 75 to a point on the
northeast right -of -way line would be it you extend the south line of said 5.785 acre tract easterly
to its intersection with the northeast right -of -way line of S.H. 75;
THENCE Northeasterly, with the northeast right -of -way line of S.H. 75 to the POINT
OF BEGINNING.
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