Ordinance No. 817ORDINANCE NO. 817
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF
OF THE CITY OF BAYTOWN, TEXAS, TWO HUNDRED THIRTY -FIVE AND 75/100
($235.75) DOLLARS TO BARREN 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 HIGH-
WAY PURPOSES, IN FEE SIMPLE, REQUIRING THAT SUCH OFFER BE ACCEPTED
WITHIN FIVE DAYS; DIRECTING 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
determines that public convenience and necessity require that the City of
Baytown acquire the following described interest in the following described
tract or parcel 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
October 28, 1955, and recorded in Volume 3060 at Page 276 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 another tract
of land owned by B. A. DeShong as recorded in Volume 4572, Page 102 of
the Harris County Deed Records;
THENCE, Northerly, along the Easterly right -of -way line of North Main
Street, a distance of 235.75 feet to the Northwest corner of said
DeShong tract, said point also being the Southwest corner of the R. W.
Kelley tract of land as recorded in Volume 2812, Page 468 of the
Harris County Deed Records;
THENCE, Easterly, along the common line of the DeShong and Kelley
tracts, 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 235.75 feet to a point
in the common line of said DeShong tracts;
THENCE, Westerly, along the said common line, a distance of 10.15 feet
to the POINT OF BEGINNING and containing 235.75 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 Two Hundred thirty -five and 75/100 ($235.75)
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 hereof,
whether herein correctly named or not, for the purchase and acquisition by
the City of Baytown of the following described interest in the said proper-
ty, 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 ex-
pressly or by failure of the owners to unconditionally accept the same
within the time limit, the City Attorney is hereby authorized to bring con-
demnation 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:
t^'
Edna Oliver, City Clerk
/ 9
Seaborn Cra , Mayor f..
APPROVED AS TO FORM:
J
i
George C ndler, City Attorney
-2-
THE CITY OF BAYTOWN
COUNTY OF HARRIS �
STATE OF TEXAS
1, 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 of September, 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.
Edna Oliver, City Clerk