RESO 1980-12 - Cecile Pierson EstatesRESOLUTION NO. 80-12
DECLARING A NECESSITY FOR ACQUISITION OF CERTAIN PROPERTY
FOR MUNICIPAL PURPOSES AND AUTHORIZING ACQUISITION BY
CONDEMNATION AND EMINENT DOMAIN
WHEREAS, the City of Huntsville has the authority to
acquire property within or without its corporate limits for
municipal purposes, and,
WHEREAS, the Charter of the City of Huntsville in
Section 3.01 and the statutes of this state, including
Article 1109b, V.A.T.S. (Acts 1925, 39th Legis., p. 344,
Chapter 137, Sec. 1; Acts 1945, 49th Legis., p. 379,
Chapter 243, Sec. 1), confer on the City and its Council
the right to acquire property for any municipal purpose by
condemnation, 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 of Huntsville has determined that it
is necessary for the interest, welfare, health, and comfort
of the City and its inhabitants to acquire the fee simple
title to the property described on Exhibit A to this Resolu-
tion, for public purposes, to-wit, a City Hall, police
station, jail, fire station, park, or other public purpose
to which such property may be dedicated and devoted by
proper action of the City Council of this city, and that
such acquisition is necessary for the interest, welfare,
health, morals, comfort, safety and convenience of the City
and its inhabitants, and
WHEREAS, the officials of the City of Huntsville, Texas
have been unsuccessful in their efforts to acquire the fee
simple title for those purposes of such lands by private
purchase and negotiation, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Huntsville, Texas that said Council in formal
public session has determined that it is necessary for the
municipal purposes set out above that there be acquired by
condemnation the fee simple title held by Mrs. Cecile G.
Pierson, Mrs. Laura A. Whiting, or any other person having
an interest in the property described 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 con-
demnation proceedings as may be necessary to carry into
effect this resolution, and that all acts done by them are
hereby ratified.
APPROVED AND ADOPTED this the L.71'�G day of April, A.D.,
1980.
THE CITY OF HUNTSVILLE, TE
DeSha , " ity "-ecretary
PPROVED A T
rris I. Waller, Mayor
F. H. Panni'
City Attorney
Field Notes
Pierson
BEING 0.317 acre (13,816 square feet) of land, more or less, situated in
Block No. 4, City of Huntsville, P. Gray League, A -24, Walker County, Texas.
Being the same land as described in a deed from Mrs. Laura H. Whiting to Mrs.
Cecile Pierson dated August 16, 1961, and recorded in Volume 172, Page 201,
Walker County Deed Records. Said 13,816 square feet being more definitely
described by metes and bounds as follows:
BEGINNING at a point (cut "X" in sidewalk 8/18/78) in the East Right -of -way line
of Avenue M. Same point being the Northwest corner of a 0.571 acre tract as
conveyed to the City of Huntsville by John W. Amick dated October 25, 1979,
and recorded in Volume 349, Page 113, Walker County Deed Records.
THENCE North along the East right -of -way of Avenue M 120.00 feet to a point;
THENCE with the meanders of Town Branch as follows:
1) S 76° 47' 04" E 70.01 feet to a point;
2) S 62° 21' 37" E 71.68 feet to a point;
3) S 14° 34' 57" E 72.88 feet to a point;
THENCE departing said Town Branch N 89° 55' 10" E with the north line of the
City of Huntsville 0.571 acre tract 150.00 feet to the Place of Beginning.
EXHIBIT A