Ordinance No. 15,909 ORDINANCE NO. 15,909
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DECLARING THE NECESSITY TO ACQUIRE TWO (2) TRACTS OF LAND FOR
THE SAN JACINTO RIGHT OF WAY PROJECT; DETERMINING THE PUBLIC
NECESSITY FOR SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF
PROPERTY RIGHTS NECESSARY FOR THE SAN JACINTO RIGHT OF WAY
PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY;
AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO
ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE
ACQUIRED; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ALL
STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN
COMPLIANCE WITH ALL APPLICABLE LAWS AND ORDINANCES; AND
AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE
CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE
NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
************************************************************************************
WHEREAS, the City Council of the City of Baytown,Texas("City Council"), has determined that
it is necessary to acquire two (2) tracts of land ("Real Property") for the San Jacinto Right of Way Project
("Project"); and
WHEREAS, the City Council has determined that a public use and necessity exists to acquire the
Real Property for the Project for the public purpose of constructing, operating, and maintaining a drainage
facility as part of the Project; and
WHEREAS, the two (2) tracts of land are more particularly described in Exhibit "A," which is
attached hereto and incorporated herein for all intents and purposes; and
WHEREAS, the City Council desires that the City Manager, or designee, take all necessary steps
to acquire the needed property interests, including,but not limited to,the retention of appraisers, surveyors,
engineers, title examiners or researchers, and other consultants and experts, and that the City Attorney, or
designee, negotiate the purchase of the property interests and, if unsuccessful in purchasing the needed
property interests, to institute condemnation proceedings to acquire the Real Property; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That all of the above recitals are hereby found to be true and correct legislative and
factual findings of the City Council of the City of Baytown, Texas, and they are hereby approved and
incorporated into the body of this Ordinance as if copied in their entirety.
Section 2: That the City Council hereby finds and determines that a public use and necessity
exists for the Project and for the City of Baytown to acquire the necessary property rights in the Real
Property deemed necessary for the Project as allowed by law, together with all necessary appurtenances,
additions and improvements in, over,under, and through those certain lots,tracts or parcels of land.
Section 3: The City Manager, or designee, is authorized and directed to take all necessary steps
to acquire the needed property interests,including,but not limited to,the retention of appraisers,surveyors,
engineers, title examiners or researchers,and other consultants and experts.
Section 4: The City Attorney, or designee, is authorized and directed to negotiate for and to
acquire the required property rights for the City of Baytown, and to acquire said rights in compliance with
State and Federal law. Moreover, the City Attorney, or designee, is specifically authorized and directed to
do each and every act necessary to acquire the needed property rights, including, but not limited to, the
authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and
designate a qualified appraiser of the property interests to be acquired, as well as any other experts or
consultants that are deemed necessary for the acquisition process and, if necessary,to institute proceedings
in eminent domain.
Section 5: The City Manager, or designee, is appointed as negotiator for the acquisition of the
needed property interests and,as such,the City Manager,or designee, is authorized and directed to do each
and every act and deed hereinabove specified or authorized by reference,subject to the availability of funds
appropriated by the City Council for such purpose.
Section 6: The City Manager, or designee, is authorized and directed to provide relocation
assistance to displaced property owners or tenants if necessary.
Section 7: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 12°i day of September, 2024.
ter..
NDON CAPETILL ayor
Vtiri �i\ oQ C7�
ANGELA JACKSON C9ty Clerk
` �� t
APPROVED AS T F. RM: ��
SCOTT LE O D, City Attorney
R:Ordinances and Resolutions Ordinance Drafts\2024-09-12\Public Necessity-San Jacinto docx
2
EXHIBIT "A"
AV Windrose Land Services,Inc
i v o • o
PARCEL 1 3200 Wilcrest,Suite 325
Houston,Texas 77042
Phone(713)458-2281 Fax(713)461-1151
=` Professional Development Consultants
1 Land Surveying, Platting, Project Management and GIS Services
Firm Registration No. 10108800
DESCRIPTION OF
0.7215 ACRES OR 31,429 SQ.FT.
A TRACT OR PARCEL CONTAINING 0.7215 ACRES OR 31,429 SQUARE FEET OF LAND,BEING OUT OF
A CALLED 54.5913 ACRE TRACT CONVEYED TO ERIC G. CARTER,1R AND SUSAN O. CARTER 1N
THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H.C.C.F.NO.20100519150,SITUATED IN
THE W.C.R.R.CO.SURVEY NO. 1,ABSTRACT NO. 899,HARRIS COUNTY,TEXAS,WITH SAID 0.7215
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH
CENTRAL ZONE(NAD 83):
COMMENCING AT A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET ON
THE EAST LINE OF SAID 54.5913 ACRE TRACT MARKING THE SOUTHWEST CORNER OF SANTAVY
STREET(UNIMPROVED)PER KSTX BAYTOWN FINAL PLAT,MAP OR PLAT THEREOF,AS RECORDED
IN F.C.NO. 674108, H.C.M.R. AND THE NORTHWEST CORNER OF A CALLED 2.7148 ACRE TRACT
CONVEYED TO DIAMOND SHAMROCK CORPORATION AS RECORDED IN H.C.C.F. NO. F043716;
FROM WHICH A 2 INCH IRON PIPE BEARS FOR REFERENCE SOUTH 32 DEGREES 18 MINUTES 52
SECONDS EAST,0.55 FEET;
THENCE, ALONG SAID EAST LINE, SOUTH 12 DEGREES 08 MINUTES 59 SECONDS EAST, A
DISTANCE OF 8.20 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"
SET FOR THE PLACE OF BEGINNING AND MOST NORTHERLY NORTHEAST CORNER OF THE
HEREIN DESCRIBED EASEMENT;
THENCE,CONTINUING WITH SAID EAST LINE,SOUTH 12 DEGREES 08 MINUTES 59 SECONDS EAST,
A DISTANCE OF 40.63 FEET TO AN EASTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT;
SAID POINT ALSO MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 482.50 FEET, A CENTRAL
ANGLE OF 08 DEGREES 13 MINUTES 59 SECONDS,AN ARC LENGTH OF 69.33 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 88 DEGREES 21 MINUTES 26 SECONDS WEST,69.27 FEET TO A
POINT MARKING THE BEGINNING OF A NON TANGEN CURVE TO THE RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1,665.00 FEET, A CENTRAL
ANGLE OF 03 DEGREES 16 MINUTES 27 SECONDS,AN ARC LENGTH OF 95.14 FEET AND A CHORD
BEARING AND DISTANCE OF SOUTH 15 DEGREES 47 MINUTES 34 SECONDS WEST,95.13 FEET TO A
POINT OF COMPOUND CURVATURE;
THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 565.00 FEET, A CENTRAL
ANGLE OF 12 DEGREES 16 MINUTES 13 SECONDS,AN ARC LENGTH OF 121.00 FEET AND A CHORD
BEARING AND DISTANCE OF SOUTH 23 DEGREES 33 MINUTES 53 SECONDS WEST,120.77 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 435.00 FEET,A CENTRAL ANGLE OF
06 DEGREES 25 MINUTES 42 SECONDS, AN ARC LENGTH OF 48.80 FEET AND A CHORD BEARING
AND DISTANCE OF SOUTH 26 DEGREES 29 MINUTES 09 SECONDS WEST,48.78 FEET TO A POINT OF
REVERSE CURVATURE;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1653.00 FEET,A CENTRAL ANGLE
OF 04 DEGREES 40 MINUTES 17 SECONDS,AN ARC LENGTH OF 134.77 FEET AND A CHORD BEARING
AND DISTANCE OF SOUTH 25 DEGREES 36 MINUTES 26 SECONDS WEST,134.73 FEET TO A POINT OF
TANGENCY;
THENCE,SOUTH 27 DEGREES 56 MINUTES 34 SECONDS WEST,A DISTANCE OF 280.56 FEET TO A
POINT ON THE NORTH LINE OF A CALLED 1.0502 ACRE TRACT CONVEYED TO DIAMOND
SHAMROCK CORPORATION AS RECORDED IN H.C.C.F. NO. F032490 MARKING THE SOUTHEAST
CORNER OF THE HEREIN DESCRIBED EASEMENT;
THENCE, ALONG SAID NORTH LINE, SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST, A
DISTANCE OF 52.65 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND
SERVICES" SET MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT;
FROM WHICH A FOUND 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID
10502 ACRE TRACT BEARS FOR REFERENCE SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST,A
DISTANCE OF 267.03 FEET;
THENCE, LEAVING SAID NORTH LINE, NORTH 27 DEGREES 56 MINUTES 34 SECONDS EAST, A
DISTANCE OF 314.80 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND
SERVICES"SET MARKING THE BEGINNING OF A TANGENT CURVE TO THE LEFT;
SHEET 2 OF 3
Windrose Land Services,Inc
3200 Wllcrest,Suite 325
r Houston,Texas 77042
!Y E� Phone(713)458-2281 Fax(713)461-1151
Professional Development Consultants
1 Land Surveying, Platting, Project Management and GIS Services
Firm Registration No. 10108800
THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1613.00 FEET, A CENTRAL
ANGLE OF 04 DEGREES 40 MINUTES 17 SECONDS,AN ARC LENGTH OF 131.51 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 25 DEGREES 36 MINUTES 26 SECONDS EAST,131.47 FEET TO A
CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF
REVERSE CURVATURE;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 475.00 FEET,A CENTRAL ANGLE
OF 06 DEGREES 25 MINUTES 42 SECONDS,AN ARC LENGTH OF 53.29 FEET AND A CHORD BEARING
AND DISTANCE OF NORTH 26 DEGREES 29 MINUTES 09 SECONDS EAST,53.26 FEET TO A CAPPED
5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF REVERSE
CURVATURE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 525.00 FEET,A CENTRAL ANGLE OF
12 DEGREES 16 MINUTES 13 SECONDS,AN ARC LENGTH OF 112.43 FEET AND A CHORD BEARING
AND DISTANCE OF NORTH 23 DEGREES 33 MINUTES 53 SECONDS EAST, 112.22 FEET TO A CAPPED
5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES" SET FOR A POINT OF COMPOUND
CURVATURE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1625.00 FEET,A CENTRAL ANGLE
OF 03 DEGREES 49 MINUTES 59 SECONDS,AN ARC LENGTH OF 108.71 FEET AND A CHORD BEARING
AND DISTANCE OF NORTH 15 DEGREES 30 MINUTES 48 SECONDS EAST, 108.69 FEET TO A CAPPED
5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE END OF SAID
CURVE;
THENCE, NORTH 56 DEGREES 06 MINUTES 09 SECONDS EAST, A DISTANCE OF 29.32 FEET TO A
CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE
BEGINNING OF A NON TANGENT CURVE TO THE LEFT;
THENCE, ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 442.50 FEET, A CENTRAL
ANGLE OF 09 DEGREES 15 MINUTES 36 SECONDS,AN ARC LENGTH OF 71,52 FEET AND A CHORD
BEARING AND DISTANCE OF SOUTH 86 DEGREES 57 MINUTES 34 SECONDS EAST, 71.44 FEET TO
THE PLACE OF BEGINNING AND CONTAINING 0.7215 ACRES OR 31,429 SQUARE FEET OF LAND,AS
SHOWN IN JOB NO.52208-0.7215 AC.,PREPARED BY WINDROSE LAND SERVICES,INC.
y P G1�
..........................:...
ROBERT KNESS 01-18-16
...............................
OBERT KNESS `.0 6486 :' DATE
R.P.L.S.NO.6486 Ir9,�°FESs,Q`'yOQ
STATE OF TEXAS SURV�
SHEET 3 OF 3
PARCEL 2
AV Windrose Land Services,Inc
3200 W//crest,Suite 325
!lam r\ E\ Houston,Texas 77042
JJ Phone(713)458-2281 Fax(713)461-1151
Professional Development Consultants
f Land Surveying, Platting, Project Management and G1S Services
Firm Registration No. 10108800
DESCRIPTION OF
1.1094 ACRES OR 48,323 SQ. FT.
A TRACT OR PARCEL CONTAINING 1.1094 ACRES OR 48,323 SQUARE FEET OF LAND,BEING OUT OF A
CALLED 54.5913 ACRE TRACT TO ERIC G. CARTER, JR AND SUSAN 0. CARTER IN THAT CERTAIN
SPECIAL WARRANTY DEED RECORDED IN H C.C.F. NO. 20100519150, SITUATED IN T14E W.C.R.R. CO.
SURVEY NO. 1,ABSTRACT NO. 999, HARRIS COUNTY,TEXAS,WITH SAID 1.1094 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED
ON THE TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE(NAD 83):
COMMENCING AT A 2 INCH IRON PIPE WITH BRASS DISK FOUND ON THE SOUTH LINE OF A CALLED
82.8694 ACRE TRACT CONVEYED TO GEORGE GILMAN,TRUSTEE IN THAT CERTAIN WARRANTY DEED
WITH VENDOR'S LIEN RECORDED IN H.C.C.F. NO. F-591325, MARKING THE NORTHWEST CORNER OF
SAN JACINTO BOULEVARD(UNIMPROVED)AS DEDICATED IN KSTX BAYTOWN FINAL PLAT,MAP OR
PLAT THEREOF,RECORDED IN F.C.NO.674108,H.C.M.R.AND THE NORTHEAST CORNER OF RESIDUE OF
A CALLED 10.541 ACRE TRACT TO PASCUAL OLIVARES IN THAT CERTAIN GENERAL WARRANTY DEED
RECORDED IN HARRIS COUNTY CLERK'S FILE (H.C.C.F.) NO. 20120442665; FROM WHICH A FOUND
CAPPED 1/2 INCH IRON ROD STAMPED "BUSCH HUTCHINSON" BEARS FOR REFERENCE NORTH 77
DEGREES 09 MINUTES 38 SECONDS EAST, A DISTANCE OF 1367.30 FEET MARKING THE SOUTHWEST
CORNER OF FINAL PLAT ACADEMY SPORTS AND OUTDOORS BAYTOWN, MAP OR PLAT THEREOF,
RECORDED IN F.C.NO.639181,H.C.M.R.
THENCE,ALONG THE WEST LINE OF SAID SAN JACINTO BOULEVARD,SOUTH I I DEGREES 53 MINUTES
36 SECONDS EAST, A DISTANCE OF 539.09 FEET TO A FOUND 3/4 INCH IRON ROD MARKING THE
SOUTHEAST CORNER OF A CALLED 14.558 ACRE TRACT CONVEYED TO JOHN R. SANDERS IN THAT
CERTAIN GENERAL WARRANTY DEED RECORDED IN H.C.C.F.NO. 20120061033 AND THE NORTHEAST
CORNER OF SAID 54.5913 ACRE TRACT;
THENCE,ALONG THE SOUTH LINE OF SAID 14.558 ACRE TRACT,SOUTH 77 DEGREES 25 MINUTES 16
SECONDS WEST,A DISTANCE OF 97.20 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE
LAND SERVICES" SET FOR TIIE NORTHEAST CORNER AND PLACE OF BEGINNING OF THE HEREIN
DESCRIBED TRACT;SAID POINT ALSO MARKING THE BEGINNING OF A NON-TANGENT CURVE TO THE
RIGHT.
THENCE,ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1487.00 FEET,A CENTRAL ANGLE
OF 30 DEGREES 09 MINUTES 02 SECONDS,AN ARC LENGTH OF 782.50 FEET AND A CHORD BEARING AND
DISTANCE OF SOUTH 12 DEGREES 52 MINUTES 03 SECONDS WEST,773.50 FEET TO A CAPPED 518 INCH
IRON ROD STAMPED"WNDROSE LAND SERVICES"SET FOR A POINT OF TANGENCY;
THENCE,SOUTH 27 DEGREES 56 M94UTES 34 SECONDS WEST,A DISTANCE OF 422.65 FEE-'TO A CAPPED
5/8 INCH IRON ROD STAMPED"WINDROSE LAND SERVICES"SET ON THE NORTH LINE OF A CALLED
10502 ACRE 'TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION IN THAT CERTAIN DEED
RECORDED IN H.C.C.F.NO. r032490 MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED
-RACF;
THENCE,ALONG SAID NORTH LINE,SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST,A DISTANCE
OF 52.65 FEET TO A POINT MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT,
FROM WHICH A FOUND 518 INCH IRON ROD BEARS FOR REFERENCE SOUTH 77 DEGREES 22 MINUTES 49
SECONDS WEST,48.52 FEET;
THENCE,LEAVING SAID NORTH LINE,NORTH 27 DEGREES 56 MINUTES 34 SECONDS EAST,A DISTANCE
OF 456 89 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT;
THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1447.00 FEET,A CENTRAL ANGLE OF
29 DEGREES 51 MINUTES 38 SECONDS, AN ARC LENGTH OF 754.13 FEET AND A CHORD BEARING AND
DISTANCE OF NORTH 13 DEGREES 00 MINUTES 45 SECONDS EAST, 745.62 FEET TO A POINT ON THE
SOUTH LINE OF SAID 14.558 ACRE TRACT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE,ALONG SAID SOUTH LINE,NORTH 77 DEGREES 25 MINUTES 16 SECONDS EAST,A DISTANCE
OF 40 68 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1.1094 ACRES OR 48,323 SQUARE FEET
OF LAND,AS SHOWN IN J B NO.52208.1.1094 AC.,PREPARED BY WINDROSE LAND SERVICES,INC.
R00ERT KNESS 10-12-15
ROBERT KNESS �`;� 6486 DATE
R.P.L.S NO 6486 9.y°Ff99�oN�pP
STATE OF TEXAS SURVEY
SHEET 4 OF 4