Ordinance No. 1,340w
ORDINANCE NO. 1340
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF
OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF TEN THOUSAND TWO HUNDRED
FIFTY AND NO /100 ($10,250.00) DOLLARS, TO M. G. SIMON AND WIFE, LOUISE
K. SIMON, OR OTHER PARTIES INTEREST, FOR THE ACQUISITION OF CERTAIN
INTERESTS IN A CERTAIN TRACT DESCRIBED HEREIN REQUIRED FOR PUBLIC
USE, FOR STREET, ROAD AND HIGHWAY PURPOSES, IN FEE SIMPLE; REQUIRING
THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING
THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT
SUCH OFFERS ARE 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 situtated in the William Scott Lower League, A -65, in
Harris County, Texas, and being a part of Lot 1, Block 3 of Danubina Court,
Section 1, as recorded by plat in Volume 17 at Page 16 of the Harris County
Map Records, and being more particularly described by metes and bounds as
follows:
BEGINNING at the Western most common lot corner of Lot 1 and Lot 41,
Block 3, in the above mentioned subdivision, said point being in the
East right -of -way line of North Seventh Street;
THENCE, South 21 017' West, continuing with said right -of -way line, a
distance of 73.96 feet to the Point of Curvature of a curve to the
left;
THENCE, with the curve to the left having a radius of 40.00 feet, a cur-
vilinear distance of 64.43 feet to the Point of Tangency, said point being
in the North right -of -way line of East Defee Avenue;
THENCE, South 71 °00' East, with the said right --of-way line, a distance of
28.32 feet to a point, said point being also the Southeast corner of the
above mentioned Lot 1;
THENCE, North 21 °17' East, with the East property line of Lot 1, a distance
of 24.45 feet to a point;
THENCE, with a curve to the right, having a radius of 60.00 feet, a cur-
vilinear distance of 29.03 feet to the Point of Tangency;
THENCE, North 2 °42' West, a distance of 20 feet to the Point of Curvature of
a curve to the left;
THENCE, with the curve to the left, having a radius of 150.00 feet, a cur-
vilinear distance of 58.28 feet to a point, said point being in the North
line of the above mentioned Lot 1;
THENCE, North 68 °43' West, with the said North line, a distance of 10.82 feet
to the POINT OF BEGINNING, enclosing a tract of land containing 5073.487 square
feet (0.116 acres) more or less.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAY-
TOWN, TEXAS:
Section 1: That the City Attorney be, and he is hereby authorized and
directed to make an offer of TEN THOUSAND TWO HUNDRED FIFTY AND NO /100 ($10,250.00)
Dollars for the said tract above described; to M. G. Simon and wife, Louise K. Simon,
or other parties in interest believed to be the true owners of said property,
or to the actual 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 tract, to -wit: in fee simple, which said interest
in said tract is required for the following public purpose, to -wit: to widen
and improve Defee and Sterling Streets in Baytown, Harris County, Texas.
Section 2: Such offer shall provide that if it should not be accepted
within fifteen (15) 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 is 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 proceeding!
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.
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 pur-
pose for which the above described tract is required. Should such offer not be
accepted, the amount finally awarded to the owner in the condemnation proceedings,
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 11th day of January , 1973.
r
G. &LEN WALKER, Mayor
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ATTEST:
EDNA OLIVER, City Clerk
a
G 'L
NEEL R CHARDSON, City Attorney
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