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RESO 1980-09 - Emancipation Park Condemnation• • RESOLUTION NO. 80 -9 DECLARING A NECESSITY FOR ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PARK PURPOSES AND AUTHORIZING ACQUISITION BY CONDEMNATION AND EMINENT DOMAIN WHEREAS, the City of Huntsville has heretofore estab- lished a park and recreational facility known as Emancipa- tion Park, for the health, welfare, comfort, and convenience of the City and its inhabitants, and in connection therewith has acquired certain lands and real estate for park purposes, and has established recreational facilities within the area owned by it, and, WHEREAS, the officials of the City of Huntsville, Texas have been unsuccessful in their efforts to acquire such additional lands by private purchase and negotiation, and WHEREAS, the Charter of the City of Huntsville in Section 3.01 confers on the City and its Council the right to acquire property for any municipal purpose by condemna- tion, pursuant to the powers granted by the Home Rule Amendment of the Constitution of the State of Texas and Articles 1175, 1176, 1177, 1178, 1179 and 1180, Revised Civil Statutes of Texas, enacted pursuant to Article XI, Section 5 of the Constitution of the State of Texas, all of which have been accepted and implemented by the City of Huntsville; and WHEREAS, the City Council of the City of Huntsville after investigation in executive session on January 22, 1980 has determined that it is for the advancement of the interest, welfare, health, comfort, safety and convenience of the City and its inhabitants that Emancipation Park be enlarged by acquisition by condemnation of the lands hereinafter referred to; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas that there be acquired by condemnation for use as public park purposes and as an addition to and to be included in Emancipation Park located in the City of Huntsville, Texas the lands described on Exhibit A to this Resolution, and by reference made a part hereof; BE IT FURTHER RESOLVED that the proper officials, employees and representatives of the City of Huntsville, including the City Manager, and City Attorney, be, and they are hereby, authorized to institute and pursue such condemnation proceedings as may be necessary to carry into effect this resolution, that all acts heretofore done by them are hereby ratified. APPROVED AND ADOPTED this the 1980. ATTEST: Ruth DeShaw, City Secretary APPROVED D A T day of March, A.D., THE CITY OF HUNTSVILLE, TEXAS F. H. Pannill, Sr. City Attorney • • EXHIBIT A The following described tract of land located in the City of Huntsville, Walker County, Texas, and being known as No. 310 Avenue F, being a part of the P. Gray League in Walker County, Texas, and part of a tract of land de- scribed in a deed from J.W. (Wince) Smith to John Hedspeth and wife, Annie Hedspeth by deed dated July 25, 1940 recorded in Vol. 274, p. 484, Deed Records of Walker County, Texas, the portion herein to be taken and condemned, being more particularly described as follows, to -wit: Beginning at the Northwest corner of the above de- scribed tract of land and the Southwest corner of the Johnnie Jones tract of land as it existed on July 25, 1940; being 150 feet south of the southeasterly inter- section of Avenue F and 3rd Street in Huntsville, Walker County, Texas; Thence along the west boundary line of the above mentioned John Hedspeth, et ux tract of land described in Vol. 274, p. 484, a distance of 54.5 feet to a point for a corner of this tract; Thence easterly parallel to the northerly line of said John Hedspeth tract a distance of 86.5 feet to a point for the southeast corner of this tract; Thence northerly to a point on the northerly line of the above described John Hedspeth tract for the northeast corner of this tract; Thence westerly along the boundary line of said John Hedspeth tract to the place of beginning, and being the same land conveyed by John Hedspeth and wife, Annie Hedspeth to Eddie Lee Hedspeth and wife, Ruby Hedspeth by deed dated July 25, 1940 recorded in Vol. 112, p. 370. EXHIBIT A - page 1 EXHIBIT A The following described tract of land located in the City of Huntsville, Walker County, Texas, and being known as the John Hedspeth tract, also known as No. 312 Avenue F, being a part of the P. Gray League in Walker County, Texas, which is 202 feet E & W and 182 feet N & S and described in deed dated July 25, 1940, and being more particularly de- scribed as follows: BEGINNING at the Northwest corner of the E. Hedspeth Tract as recorded in Vol. 112, Page 371, Walker County Deed Records, same being the Southwest corner of a tract conveyed to the City of Huntsville, as recorded in Vol. 203, Page 308, Walker County Deed Records; THENCE Southerly with the East right -of -way of Avenue F 182' to a point; THENCE Easterly with the North line of a tract conveyed to the City of Huntsville by George Holt dated July 1938 202 feet to a point; THENCE Northerly with the West line of a tract of land conveyed to the City of Huntsville, as recorded in Volume 180, Page 99, Walker County Deed Records, 182' to a point; THENCE Westerly with the South line of the City tract as recorded in Volume 203, Page 308, Walker County Deed Records, 202 feet to the PLACE OF BEGINNING; Being the same land conveyed by Wince Smith to John Hedspeth and recorded in Volume 274, Page 484, Walker County Deed Records, save and except a tract 54.5 feet E & W and 86.5 feet N & S, more particularly described in deed from John Hedspeth and wife, Annie Hedspeth, to Eddie Lee Hedspeth and wife, Ruby Hedspeth dated July 25, 1940 recorded in Vol. 112, p. 370, Deed Records of Walker County, Texas. EXHIBIT A - page 2