ORD 1990-29 - Property Acquisition - Charles Smither Jr. 11-20-1990ORDINANCE N0. -c2.. 1
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 PROPERTIES THAT ARE REQUIRED FOR
PUBLIC UTILITY AND DRAINAGE PURPOSES; DIRECTING THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE
EVENT SUCH OFFER IS REFUSED; 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 the land described herein for public utility and
drainage purposes;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that
SECTION 1: The City At rney is authorized and directed to make an offer of
for the properties described in Section 2 to Charles
Sm ther, Jr., or to the actual real and true owners thereof, whether
correctly named or not, for the purchase and acquisition by the City
of Huntsville of the fee interest in the property that is required
for public utility and drainage purposes.
SECTION 2: The property needed for utility and drainage purposes is:
Tract 1
Lot 5, Block 1 of the Pine Shadows Estates, a subdivision recorded
in Volume 174, Page 620, Deed Records of Walker County, Texas, and
being more definitely described in a Deed from McB Homes, Inc., to
Area Management Services, Inc., dated December 7, 1983, and recorded
in Volume 423, Page 148, Deed Records.
Tract 2
Certain land and premises situated in the John Hume Survey, Abstract
264, Walker County, Texas, and being out of and a part of a called
0.75 of an acre of land as described in a Deed from Arnold Philip
Acker to Charles W. Smither, Jr., dated November 18, 1983, and
recorded in Volume 421, Page 299, Deed Records of Walker County,
Texas, the 0.052 of an acre of land (2263.96 square feet), being
more definitely described as follows:
Page 1 of 3
BEGINNING at the east corner of said Smither tract, same being the
south corner of a called 1.00 acre tract as described in a Deed from
Gibbs Brothers and Company to Blanche Hightower, dated September 26,
1942, and recorded in Volume 100, Page 318, Deed Records, and also
being in the northwest line of a subdivision known as Pine Shadows
Estates as shown on Plat recorded in Volume 174, Page 620, Deed
Records, a point for the east corner of the herein described
easement;
THENCE S21°42'21.6"W, with the southeast line of said Smither tract
and the northwest line of said Pine Shadows Estates line, at 96.66
feet pass a found 3/8" iron rod found for the west corner of Lot 6,
same being the north corner of Lot 5 of said Pine Shadows Estates,
continuing with the southeast line of said Smither tract and the
northwest line of said Pine Shadows Estates, for a total distance of
113.20 feet to the south corner of said Smither tract, same being
the east corner of a called 0.17 of an acre of land as described in
a Deed from Frank Stivers to S & M Joint Venture, dated December 4,
1989, and recorded in Volume 0109, Page 656, Official Records of
Walker County, Texas, a point for the south corner of the herein
described easement;
THENCE N68°33'36.3"W, with the southwest line of said Smither tract
and the northeast line of said Stivers tract,for a distance of 20.00
feet to a point for the west corner of the herein described
easement;
THENCE N21°42'21.6"E, being 20.00 feet northwest of and parallel
with the southeast line of said Smither tract, for a distance of
113.20 feet to the northeast line of said Smither tract and the
southeast line of said Hightower tract, a point for the north corner
of the herein described easement;
THENCE S68°33'36.3"E, with the northeast line of said Smither tract
and the southwest line of said Hightower tract, for a distance of
20.00 feet to the PLACE OF BEGINNING.
SECTION 3: 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 4: In the event that the offer is refused, either expressly or by
failure of the owners to unconditionally accept the same within the
time specified, the City Attorney is authorized to institute
condemnation proceedings 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.
Page 2 of 3
SECTION 5: Should such 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 such 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 6: This ordinance shall take effect from and after its passage.
PASSED the C'ty Council of the City of Huntsville, Texas on this the ,20 day
of , 1990.
APPRBVED AS TO FORM:
ll1441L
Scott t unds, City Attorney
Page 3 of 3
Monday, is Mayor