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Ordinance No. 816ORDINANCE NO. 816 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, SIXTY AND N0 1100 ($60.00) DOLLARS TO BARDEN A. DeSHONG AND WIFE, JANIE EVELYN DeSHONG, FOR THE ACQUISITION OF CERTAIN INTERESTS IN CERTAIN LANDS DESCRIBED IN SAID ORDINANCE REQUIRED FOR PUBLIC USE FOR STREET, ROAD AND HIGHWAY PURPOSES, IN FEE SIMPLE, REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FINE DAYS; DIRECT- ING THE CITY ATTORNEY TO BRING CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Baytown now finds and deter- mines that public convenience and necessity require that the City of Baytown acquire the following described interest in the following described tract or par- cel of land, to -wit: Being a parcel of land out of the James W. Singleton Survey, Harris County, Texas, being a portion of that certain tract of land conveyed to Barden A. DeShong, et ux, Janie Evelyn DeShong, by deed dated November 1, 1961, and recorded in Volume 4572 at Page 102 of the Deed Records of Harris County, Texas; said parcel being a strip of land 10 feet in width adjacent to the Easterly right -of -way line of North Main Street and being more particularly described by metes and bounds, as follows: BEGINNING at the Southwest corner of the above mentioned DeShong tract of land, said point also being the Northwest corner of the D. C. Harrison tract as recorded in Volume 3151, Page 463 of the Harris County Deed Records; THENCE, Northerly, along the Easterly right -of -way line of North Main Street, a distance of 60.0 feet to the Northwest corner of said DeShong tract,said point also being the Southwest corner of another tract of land owned by B. A. DeShong as recorded in Volume 3060, Page 276 of the Harris County Deed Records; THENCE, Easterly, along the common line of the DeShong tracts of land, a distance of 10.15 feet, to a point; THENCE, Southerly, parallel to and 10 feet from the Easterly right -of -way line of North Main Street, a distance of 60.0 feet to a point in the common line of the DeShong and Harrison Tract of land; THENCE, Westerly, along said common line, a distance of 10.15 feet, to the POINT OF BEGINNING and containing 600 square feet of land, more or less. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Attorney be and he is hereby authorized and directed to make an offer of Sixty and no /100 ($60.00) dollars to Barden A. DeShong and wife, Janie Evelyn DeShong, believed to be the owner or owners of said property or to the real and true owners thereof, whether herein correctly named or not, for the purchase and acquisition by the City of Baytown of the following described interest in the said property, to -wit: in fee simple, which said interest in said property is required for the following public purpose, to -wit: to widen and improve North Main Street in Baytown, Harris County, Texas. Section 2: Such offer shall provide that if it should not be accepted within five (5) days, the City of Baytown will consider such offer refused and bring condemnation proceedings. Section 3: In the event that such offer be refused, either expressly or by failure of the owners to unconditionally accept the same within, the time limit, the City Attorney is hereby authorized to bring condemnation proceedings on behalf of the City of Baytown under any applicable provisions of the law, whether provided by Title 52 of the Revised Civil Statutes, or Chapter 17 of Title 28 of said statutes, or the Charter of the City of Baytown or any other provisions. Section 4: The City Council hereby directs that, should such offer be accepted, the amount of money above set forth be paid out of any appropriation heretofore made for the public purpose for which the above described property is required; and if such offer be not accepted, that the amount finally awarded to the alleged owners in the condemnation proceedings, plus costs, fees and expenses, be paid out of such funds so appropriated. Section 5: Effective Date: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the members of the City Council of the City of Baytown on this the 8th day of September, 1966. ATTEST f- Edna Oliver, City Clerk APPROVED AS TO FORM: George Chaleddler, City Attorney THE CITY OF BAYTOWN COUNTY OF HARRIS STATE OF TEXAS I, Edna Oliver, City Clerk of the City of Baytown, Texas, do hereby certify that this is a true and correct copy of Ordinance No. � ! — of the City of Baytown, Texas, passed on the 8th day ofSeptember, A.D., 1966. Witness my hand and seal of office of the City of Baytown, Texas, this the 8th day of September, A.D., 1966. C� Ct Edna Oliver, City Clerk