ORD 1981-33 - Vick & Stewart vs. CityORDINANCE NO. 81 -33
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER
FOR AND ON BEHALF OF THE CITY OF HUNTSVILLE FOR $1,000 /acre
fnr 37.08 arrPs. Thirty-seven .ihot.sand and Eighty DOLLARS TO
THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION
OF FULL FEE INTERESTS IN A TRACT DESCRIBED HEREIN; DIRECTING
THAT THE CITY ATTORNEY PROCEED WITH CONDEMNATION PROCEEDINGS
IN THE EVENT SUCH OFFER IS REFUSED; DECLARING AN EMERGENCY;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Huntsville finds and determines that
public convenience and necessity would require that the City of Huntsville
acquire full fee title to the land described in Exhibit "A "; and
WHEREAS Plaintiffs Eddie Ray Stewart and Lottie Stewart Vick have filed lawsuit
against the City alleging that the City has taken property described in
Exhibit "A "; and
WHEREAS, City Council does not now believe that it has appropriated Plaintiff's
property for public use; but if a court determined that the City had in
fact taken Plaintiff's property for public use; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE:
Section 1: That the City Attorney be, and he is hereby authorized and directed
to make an offer of THIRTY -SEVEN THOUSAND AND EIGHTY
Dollars for said tract above described to Eddie Ray
Stewart and Lottie Stewart Vick, 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 full fee interest in said tract.
Section 2: In the event that such offer is refused, either expressly or by
failure of the owners to unconditionally accept the same, the City Attorney
is hereby authorized to proceed with condemnation proceedings on behalf
of the City of Huntsville under any applicable provisions of the law,
whether provided by Title 52 of the Revised Civil Statutes, Chapter 17,
of the Title 28 of said Statutes, the Charter of the City of Huntsville,
TEXAS REVISED CIVIL STATUTE Article 3269, or any other provision of State
law.
Section 3: Should such offer be accepted, the money above set forth shall be
paid out of any appropriation heretofore made for the public purpose 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 4: The necessity to immediately acquire said property creates a public
emergency and imperative public necessity. This ordinance shall take
effect immediately from and after its passage.
PASSED UNANIMOUSLY FIRST READING this p,%/$t day of April
PASSED SECOND READING this
day of , 1981.
APPROVED this 21st day of April , 1981.
APPROVED :
Scott Bounds, City Attorney
, 1981.
THE CITY OF HUNTSVILLE, TEXAS
BY
William V. Nash, Mayor
Being 16.08 acres, more or less, situated in the J. W. INGERSOLL
SURVEY, Abstract No. 27, Walker County, Texas, and being out of and
a part of a 75.82 acre tract conveyed by Lottie Stewart Vick to Eddie
Ray Stewart by partition deed dated August 3, 1970, recorded in Volume
229, Page 235, Walker County Deed Records, said 16.08 acres being de-
scribed by metes and bounds as follows:
BEGINNING at an iron rod found for an interior ell corner of said
75.82 acres and being the most southerly corner of D. E. Fuller's
175.5 acre tract;
THENCE S 45 °02' E 82.3 feet to a point in the centerline of Sandy
Creek;
THENCE with the meanders of Sandy Creek as follows:
1. S 10 °48' W 45.2 feet,
2. S 36 °37' W 164.1 feet,
3. S 49 °12' E 142.6 feet,
4. S 34 °55' W 116.3 feet,
5. S 56 °48' W 118.3 feet,
6 S 72 °37' W 83.8 feet,
7 N 57 °04' W 124.5 feet,
8. S 11 °48' W 154.9 feet,
9. _ N 12 °06' W 135.3 feet,
10. S 73 °17' W 98.2 feet, and
11. S 33 °02' W 15.7 feet to a point in the west boundary
line of the said 75.82 acres, and the east boundary line of a 65.82
acre tract conveyed by Eddie Ray Stewart to Lottie Stewart Vick by
partition deed dated August 3, 1970, recorded in Volume 229, Page 232,
Walker County Deed Records;
THENCE N 45 °24' W 975.0 feet along the common boundary of the said
75.82 acres and 65.82 acres to a point for the northwest corner of
herein described 16.08 acres, said point being in a east boundary
line of D. E. Fuller's 175.5 acre tract;
THENCE N 59 °55' E 708.02 feet along the common boundary line of said
75.82 acre and 175.5 acre tracts to a point for the northeast corner
of herein described 16.08 acres;
THENCE S 45 °02' E 755.32 feet along the common boundary line of the
said 75.82 acre and 175.5 acre tracts to the POINT OF BEGINNING.
Being 21.00 acres, more or less, situated in the J. W. INGERSOLL
SURVEY, Abstract No. 27, Walker County, Texas, and being out of and
a part of a 65.82 acre tract conveyed by Eddie Ray Stewart to Lottie
Stewart Vick by partition deed dated August 3, 1970, recorded in
Volume 229, Page 232, Walker County Deed Records, said 21.0 acres
being described by metes and bounds as follows:
BEGINNING at a point for the northwest corner of the said 65.82 acres,
said point being in the east boundary line of a U.S. Forest Service
630 acre tract, deed of record in Volume 82, Page 176, Walker County
Deed Records, and also being on the division line of the J. W.
Ingersoll Survey, A -27, and the T. H. Webb Survey, A -601;
EXHIBIT "A"
•
THENCE N 59 °55' E 1003.72 feet along a common boundary line of said
65.82 acre tract and D. E. Fuller's 175.5 acre tract to a point for
the northeast corner of herein described 21.0 acres and a common
corner of the said 65.82 acre tract and a 75.82 acre tract conveyed
by Lottie Stewart Vick to Eddie Ray Stewart by a partitio*i deed dated
August 3, 1970, recorded in Volume 229, Page 235, Walker County Deed
Records;
THENCE S 45 °24' E 975.0 feet along the common boundary line of said
65.82 acre and 75.82 acre tracts to a point in the,centerline of
Sandy Creek;
THENCE with the meanders of Sandy Creek as follows:
1. S 33 °02' W 134.9 feet,
2. N 19 °07' W 99.0 feet,
3. S 27 °13' W 108.2 feet,
4. S 42 °02' E 97.3 feet,
5. S 50 °53' W 119.1 feet,
6. N 36 °39' W 207.4 feet,
7. .S 39 °56' W 204.3 feet,
8. N 80 °56' W 105.0 feet,
9. S 39 °47' W 139.1 feet,
10. N 56 °06' W 153.2 feet,
11. S 27 °45' W 201.3 feet,
12. N .60 °33' W 155.5 feet, and
13. S 55 °05' W 19.3 feet to a point in the common boundary
line of said 65.82 acre and U.S. Forest Service 630 acre tracts and
on said division line between the J. W. Ingersoll Survey, A -27, and
the T. H. Webb Survey, A -601;
THENCE N 45 °24' W 786.9 feet along the said common line of the
Ingersoll and Webb Survey to the POINT OF BEGINNING.
EXHIBIT "A"
(Page 2)