Ordinance No. 1,059ORDINANCE NO. 1059
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND
ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF FIVE THOU-
SAND SEVEN HUNDRED NINETY -THREE AND 50/100 ($5,793.50) DOLLARS
TO HANCE BUSCH AND CATHERINE BAIN, OR OTHER PARTIES IN INTEREST,
FOR THE ACQUISITION OF CERTAIN INTERESTS IN CERTAIN LANDS DES-
CRIBED HEREIN REQUIRED FOR PUBLIC USE AS A UTILITY EASEMENT;
REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIVE (5) DAYS;
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEED-
INGS 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 des-
cribed tracts or parcels of land, to -wit:
TRACT ONE
Being a permanent ten (10') foot easement out of a tract of
land owned by , as described in a deed
recorded in Volume Page of the Deed Records of
Harris County, Texas, said easement being more particularly
described by metes and bounds as follows:
COMMENCING at the point of intersection of the north right -
of -way line of State Highway Spur 330 (Decker Drive) and westerly
easement line of Houston Lighting & Power Company 95.00 foot
unobstructed aerial easement, said point being in a curve to the
right;
THENCE, southeasterly along the arc of said curve whose radius
is 2864.79 feet, central angle is 5023', a distance of 269.17
feet to a point, end of curve, said point being 168.0 feet
N 590291E of State Highway Base Line Stationing 269 +27.85, said
point being the POINT OF BEGINNING of easement being described;
THENCE, S33016'E, a distance of 586.49 feet to a point, the begin-
ning of a curve left;
THENCE, southeasterly along the arc of said curve whose radius is
1432.40 feet, central angle is 35030', a distance of 887.50 feet
to a point, end of curve;
THENCE, S86046'E, a distance of 4.55 feet to a point, said point
intersecting a curve in the existing State Highway right -of -way,
Spur 330 and Loop 201;
THENCE, southwesterly along the arc of said existing right -of -way
curve to the right whose radius is 572.96 feet, central angle is
2014120 ", a distance of 22.39 feet to a point, said point inter-
section with another curve to the right;
THENCE, northwesterly along the arc of said curve whose radius
is 1442.40 feet, central angle is 34053'01 ", a distance of 878.18
feet to a point, end of curve;
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THENCE, N33016'W, a distance of 378.30 feet to a point, said
point being in existing State Highway right -of -way;
THENCE, N30 °31 'W along existing State Highway right -of -way, a
distance of 208.43 feet to the point of beginning, said ease-
ment containing approximately 0.31 acres, all located within
city limits of City of Baytown, Harris County, Texas.
TRACT TWO
A I0.0 foot wide permanent utility easement ouf of
property as recorded in Volume
Page Harris County Deed Records, said easement being more
particularly described as follows:
COMMENCING at the point in existing State Highway right -of -way
Loop 201, said point being in a curve, said point being 168.00
feet N26 °27'W of State Highway Base Line Stationing 412 +07.48,
said point being the POINT OF BEGINNING of easement being described;
THENCE, S63-33% a distance of 231.64 feet to a point, the
beginning of a curve to the right;
THENCE, southwesterly along the arc of said curve whose radius
is 818.51 feet, central angle is 27 °12'50 ", a distance of 388.77
feet to a point, said point intersecting curve of existing State
Highway right -of -way Loop 201;
THENCE, southeasterly along the arc of said existing right -of -way
curve to the left whose radius is 395.14 feet, central angle is
5 02111811, a distance of 36.93 feet to a point, said point inter-
secting with another curve to the left;
THENCE, northeasterly along the arc of said curve whose radius
is 828.51, central angle is 24 044'30 ", a distance of 357.77
feet to a point, end of curve;
THENCE, N630331E, a distance of 28.03 feet to a point, said point
intersecting a curve in the existing State Highway right -of -way
Loop 201;
THENCE, northeasterly along the arc of said existing right -of -way
curve to the right whose radius is 2077.86 feet, central angle
is 5 037'24 ", a distance of 203.94 feet to the point of beginning,
said easement containing approximately 0.11 acres all located
within city limits of City of Baytown, Harris County, Texas.
TRACT THREE
A temporary construction easement twenty (20') feet in width
parallel with and which adjoins the entire northerly boundary
of the easements described as Tracts One and Two, as additional
working space for construction equipment and temporary storage of
excavated earth; said temporary easement shall exist only until
such time that the initial installation of the City's waterline
in the permanent easement has been completed.
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 FIVE THOUSAND SEVEN HUNDRED NINETY -THREE
-2-
M
AND 50/100 ($5,793.50) DOLLARS to Hance Busch and Catherine Bain, or
other parties in interest believed to be the true owners of such property,
or to the actual real and true owners thereof, whether herein
correctly named or not, for the acquisition by the City of Baytown of
an easement only, the same not being the fee siriple title to such tracts
of land, which said interest in said property is required for the fol-
lowing public purpose, to-wit: for the installation of a waterline 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 refused, either
expressly or by failure of the owner to unconditionally accept the same
within the time specified, the City Attorney is hereby authorized to
institute 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, Chatper 17 of Title 28 of said Statutes, the Charter
of the City of Baytown, or any other provisions.
Section 4: Should such offer be accepted, the sum of money
above set forth shall be paid out of any appropriation 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 of Baytown.
INTRODUCED, READ and PASSED by an affirmative vote of the
City Council of the City of Baytown on this the 17th day, of December, 1970.
A GLEN WALKER, Mayor
EDNA OLIVER, City Clerk
APPROVE
C'-:4,4 A. t
WIMP R. LAUGHLIN, City Attorn ly'
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