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Ordinance No. 960ORDINANCE NO. 960 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OF- FER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF FOURTEEN THOUSAND TWO HUNDRED SIXTY AND NO /100 ($14,260.00) DOLLARS TO THE ESTATE OF CUBA GREER, CHARLES SUE, A. N. NELSON, OR OTHER PARTIES IN INTEREST, FOR THE ACQUISITION OF CERTAIN INTERESTS IN CERTAIN LAND DESCRIBED HEREIN REQUIRED FOR PUBLIC USE, FOR STREET, ROAD AND HIGHWAY PURPOSES, IN FEE SIMPLE; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIVE .(5) DAYS; DIRECTING THE CITY ATTORNEY TO INSTI- TUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OF- FER 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 neces- sity 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 tract of land in the Whitney Britton Survey, and being the southern portion of that 4.8 acre Cuba Greer Heflin tract of land recorded in Volume 1047, at Page 152 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of the above referenced 4.8 acre tract at the intersection of the east right - of -way line of State Highway #146, and the south line of the Whitney Britton Survey, which south line is the north line of Ward Road; THENCE, Northeasterly along the east right -of -way line of State Highway #146, being a curve to the right with a radius of 5,670 feet an arc distance of 15.54 feet to the northwest corner of the tract herein described; THENCE, South 76 °10' east over and across the above referenced 4.8 acre tract a distance of 303.02 feet to a point; THENCE, South 69 059'47" East continuing over and across the above referenced 4.8 acre tract, a distance of 93.04 feet to a point; THENCE, South 76 010' East continuing over and across the above referenced 4.8 acre tract of land, a dis- tance of 282.00 feet to a point in the east line of the above referenced 4.8 acre tract and the west line of the 0.792 acre Mrs. Cuba Greer Heflin tract re- corded in Volume 1047, at Page 154, of the Harris County Deed Records, said point being the northeast corner of the tract herein described; THENCE, South 13 050' West along the east line of the above referenced 4.8 acre tract and the west line of the above referenced 0.792 acre tract, a distance of 5.0 feet to a point for corner in the north line of Ward Road, said point being the southeast corner of the above referenced 4.8 acre tract and the tract herein described; THENCE, North 76 °10' West along the north line of Ward Road, a distance of 681.60 feet to the POINT OF BEGINNING, containing .1587 acres 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 FOURTEEN THOUSAND TWO HUNDRED SIXTY AND N01100 ($14,260.00) DOLLARS to the Estate of Cuba Greer, Charles Sue, A. N. Nelson, or other parties in interest believed to be the true owners of said property as grantees of the Cuba Greer estate, or to the actual real and true owner 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 pro- perty, to -wit: in fee simple, which said interest in said property is required for the following public purpose, to- wit: to widen and improve Ward Road in Baytown, Harris County, Texas. Section 2: Such offer shall provide that if it should not be accepted within five (5) days after receipt, the City of Baytown will consider such offer refused and will institute condemnation proceedings. Section 3: In the event that such offer be re- fused, either expressly or by failure of the owner to un- conditionally accept the same within the time specified, the City Attorney is hereby authorized to institute 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, Chapter 17 of Title 28 of said Statutes, the Charter of the City of Baytown, or any other provisions. -2- Section 4: Should sucli offer be accepted, the sum of money above set forth shall be paid out of any appro- priation heretofore made for the public purpose for which the above described property is 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 5: Effective Date: This ordinance shall take effect from and after its passage by the City Council of the City • Baytown. INTRODUCED, READ and PASSED by an affirmative vote of the City Council of the City of Baytown on this the 11jth APPROVED; William R. Laughlin, CityAttorney CITY OF BAYTOWN COUNTY OF HARRIS STATE OF TEXAS I I, Edna do hereby certify Ordinance No. 960 the day of Witness Baytown, Texas, t] Oliver, City Clerk of the City of Baytown, that this is a true and correct copy of of the City of Baytown, Texas, passed on 1 1969. my hand and seal of office of the City of As the day of , 1969. Edna Oliver, City Clerk