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Ordinance No. 13,360ORDINANCE NO. 13,360 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE NECESSITY TO ACQUIRE (I) A 10 -FOOT WIDE SANITARY SEWER EASEMENT CONSISTING OF APPROXIMATELY 0.0365 ACRES (1,588 SQUARE FEET) OF LAND OUT OF THE FINAL PLAT OF HOME DEPOT BAYTOWN SUBDIVISION, RECORDED IN VOLUME 515, PAGE 209 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, AND (II) A 65 -FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF APPROXIMATELY .02388 ACRES (10,400 SQUARE FEET) ADJACENT TO THE WESTERN BORDER OF THE ABOVE DESCRIBED 10 -FOOT SANITARY SEWER EASEMENT OUT OF THE FINAL PLAT OF HOME DEPOT BAYTOWN SUBDIVISION, RECORDED IN VOLUME 515, PAGE 209 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, FOR THE GARTH ROAD LIFT STATION EXPANSION PROJECT; DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE GARTH ROAD LIFT STATION EXPANSION 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: 1. a 10 -foot wide sanitary sewer easement consisting of approximately 0.0365 acres (1,588 square feet) of land out of the Final Plat of Home Depot Baytown Subdivision, recorded in Volume 515, Page 209 of the Map Records of Harris County, Texas (the "Utility Easement "), and 2. a 65 -foot wide temporary construction easement consisting of approximately .02388 acres (10,400 square feet) adjacent to the western border of the above described 10 -foot sanitary sewer easement out of the Final Plat of Home Depot Baytown Subdivision, recorded in Volume 515, Page 209 of the Map Records of Harris County, Texas (the "Temporary Construction Easement "). are appropriate for use by the City of Baytown for the City's Garth Road Lift Station Expansion Project ( "Utility Project "), and that there exists a public necessity to acquire the Utility Easement and Temporary Construction Easement for the City of Baytown's Utility Project; and WHEREAS, the Utility Easement is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes; and the Temporary Construction Easement is more particularly described in Exhibit `B," which is attached hereto and incorporated herein for all intents and purposes; and WHEREAS, the City Council desires to acquire the Utility Easement and the Temporary Construction Easement for the aforementioned public uses in conjunction with the Utility Project because, in part, additional utility easements are necessary for the Garth Road Lift Station Expansion Project, which will facilitate growth in the area; 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, engineers 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 Utility Easement and Temporary Construction Easement; 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 Utility Project and for the City of Baytown to acquire the necessary property rights in the Utility Easement and Temporary Construction Easement deemed necessary for the Utility 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 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 4: 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. 2 Section 5: If the City Manager or designee determines that an agreement as to damages or compensation cannot be reached, then the City Attorney or designee is hereby authorized and directed to make the final offers in accordance with law as listed below to the below -named owners, or other parties in interest believed to be the true owners of said property or to the actual real and true owners thereof, whether correctly named or not, for the purchase and acquisition by the City of Baytown of property necessary for the Utility Project: PROPERTY OWNER FINAL OFFER Utility Easement HD Development Properties, L.P. $6,330.00 Temporary Construction Easement HD Development Properties, L.P. $5,460.00 Additionally, the City Attorney is authorized to file or cause to be filed, against the owner( s) and interested parties of the needed property interests, proceedings in eminent domain to acquire the above - stated interests in Utility Easement and Temporary Construction Easement. Section 6: Should such offer be accepted, the money above set forth shall be paid out of any appropriation heretofore made for the public purposes for which the above - described property interests are required. Should such offer not be accepted, the amount finally awarded to the owner in the condemnation proceeding, plus costs, fees and expenses shall be paid out of such funds so appropriated. 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 City of Baytown this the 21" day of November, 2016. AT T ST: LETICIA BRYSCH, C Clerk APPROVED AS TO FORM: 4N1A"07ZAMIREZ, S&/, eity Attorney �1 o��NYTOpy, to i� OF 'V R:`Xarew.Files,City Council',Ordinances\2016 November 21 .Eminent Domain.docx City Council of the - DONCARLOS, EXHIBIT "A" Page 1 of 2 10' WIDE SANITARY SEWER EASEMENT SOUTHEAST HOME DEPOT BAYTOWN SUBDIVISION HARVEY WHITING SURVEY A -840 HARRIS COUNTY, TEXAS BEING a 0 0365 acre (1588 square feet) tract of land, being a part of and out of FINAL PLAT OF HOME DEPOT BAYTOWN SUBDIVISION, a subdivision in Harris County, Texas, according to the map or plat thereof rrcoided r„ Volume 515, Page 209 of the Map Records of Harris County, Texas and being more particularly described by metes and bounds as follows; COMMENCING at the southeast corner of said HOME DEPOT BAYTOWN SUBDIVISION, being the northeast corner of that certain City of Baytown tract as recorded at Harris County Clerk's File No. G414453, being in the west line of Garth Road (110' right of way); THENCE S 71- 43'01" W. along the south line of said HOME DEPOT BAYTOWN SUBDIVISION, being the north line of said City of Baytown tract, a distance of 122.04 feet to the PLACE OF BEGINNING of the herein described tract - THENCE S 71 43'01 "W, continuing with said common line, a distance of 10.00 feet to a point for the southwest corner of the herein described tract, THENCE N 18 "18'35" W leaving said common line, a distance of 158.79 feet to the southwest corner of that r ertaln Japage Partnership tract as recorded at Harris County Clerk's File No. 20070142006. THENCE N 71'43'01" E, along and with south line of said Japage Partnership tract a distance of 10 feet to a point for corner, THENCE S 18-18'35" E, a distance of 158.79 feet to the PLACE OF BEGINNING. BASIS OF BEARING: Grid Texas State Plane Coordinate System, NAD83, South Central Zone NOTE. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BASED ON A SURVEY MADE ON THE GROUND UNDER THE DIRECTION OF ROBERT D. ELLIS REGISTERED PROFESSIONAL LAND SURVEYOR REG. NO. 4006 DATED AUG- 3, 201b AS DEPICTED ON SURVEY PLAT ATTACHED HERETO AND TO WHICH REFERENCE IS HEREBY MADE, ELLIS SURVEYING SERVICES, LLC 2805 25'x. Ave. North Texas City, TX 77590 Tel.: 409- 938 -8700 cEDqR BAYpV_lYNCWBU - R(; RD (VARIgBLF WIDTH) of fio� 006 209 �\�O�OO�J�yQG P JO N71'43'O1 10.00' WIDE OSE Y 1sewER PRSA % F-S T PCRF 0 D 0, 88 S / / i I I I I I I .0\Q 5 111,06 I qN. aso I 66 0 I 3PPP ti00� I i I I I � I I s° X95 i t� 'c- - 01p I ' r � � �'V9��'P,ia�,w, EM R• / ,�n• �g ; g" 'S / / d!60 9 ptp6ua� `JO N18-18' spsjoa'EMEtg 158.79' tE o w%D NOTES- 1) Basis of Bearing: Grid North Texas State Plane Coordinate System, Nad83• South Central Zone 0 60 120 1 - 60' PROJECT NO. 2426 \�p•�QO�j�`'QG � J0 S 18' 18'35 "E 158.79' 12� F P O.B. -� 0��5 S71'43'01 "W g Paa 10.00' 0 Ga r J A 0 Ellis Sttr•tr►}ing Senticec. LLC. 2805 25th Are. N Tetras City. KV 77-590 Tel: (409) 938 -8700 Far (466) 678 - 761'5 Texas Finn► Reg. Aria. 100340 -00 1!f : :�I . �.. J•• O O F-- O SOUTHEAST CORNER HOME DEPOT BAYrOWN SUBDIVISION VOL. 515 PG 209 H.0 M.R P.O.C. EXHIBIT "A" 10' WIDE SANITARY SEWER EASEMENT SOUTHEAST HOME DEPOT BAYTOWN SUBDIVISION VOL. 515 PG. 209 H.C.M.R. BAYTOWN. HARRIS COUNTY, TEXAS PAGE 2 OF 2 8 -3 -2018 Exhibit "B" " 1 i f'rf =•C14•i I;F: F a..r bl`F, 1 1 - C: 40 `!" _ l a�, 10 r ., r • rl. U -a �, I p r \\ \ at lk i' l • 1 S.�`• �,1 ,11 1 ) YL:IIp•: \ GARTH ROAD LIFT STATION 20�INCH FORCE MAIN LOCATION ALTERNATIVE #1 LPG[ 111) ru�nosto :•v .ry+[E .!z f(,ISI.l.lxu Ia.111r1'Ir .� r:- -'CSCn :u rrn •!'•s !.N IICtt Cl. •`C:� sF.)7C- oQC; -!1 %,. IIn.3flnL., I.�C +:nSi rlCLLIl:LI �- F' ^E!I!S::I 11 rw. ..)nx•.•14 Hfr.i. . +fi••Yl :t it .. ')!rt�nLU �+r••; :•i- - •rp r.1F 1; -.,^ Iw0-, 1 a n lr, IFIX - 1+ur;• • nncrnu 1. 14 rr•.•: xCnrAl t+%r wln a.I —.,u V,..u•. HUR Englneenng Inc Texas Reg No t5: +r•.!11 LCO/1L4ri41' en: c. SII!r FlCYI • IIO:r!en 4•.;1 =. :'. � 1 r ! L q iZG•') 4•d • Fn, (:11) 621.8265 • n nw hyr nc crm