Ordinance No. 1,355Al
ORDINANCE NO. 1355
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF
OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF TWO THOUSAND NINE HUNDRED
AND NO /100 ($2,900.00) DOLLARS TO J. R. MARTIN, OR OTHER PARTIES IN-
TEREST, FOR THE ACQUISITION OF CERTAIN INTERESTS IN A CERTAIN TRACT
DESCRIBED HEREIN REQUIRED FOR PUBLIC USE, FOR PARK PURPOSES, IN FEE
SIMPLE; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN (15) DAYS;
DIRECTING THE CITY ATTORNEY TO INSTITUTE 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 part of a 54 acre tract belonging to J. G. Martin out of the Christian
Smith Survey, A -69, Harris County, Texas, and being more particularly described
by metes and bounds as follows:
BEGINNING at the Point of Intersection of the Northeasterly right -of -way
line of Cedar Bayou Road with the Southeasterly right -of -way line of the
Dayton -Goose Creek Railroad right -of -way line;
THENCE, South 14 06'35" East, with the Northeasterly right -of -way Tine of
Cedar Bayou Road, a distance of 50 feet;
THENCE, North 75 °33'25" East, passing at 22.42 feet the Southeasterly
right -of -way line of a 50 foot wide Houston Lighting and Power Company
easement as recorded in Volume 3380 at Page 454 of the Harris County Deed
Records, Harris County, Texas, continuing 177.58 feet for a total of 200
feet to a corner;
THENCE, North 27 049'8" East, a distance of 185.22 feet to a point in the
South Tine of that certain 39.0343 acre tract of land conveyed to the City
of Baytown by LOUISE JENKINS, widow of W. L. Jenkins, by deed recorded under
Harris County, County Clerk File No. D427411;
THENCE, South 81 °331" West, with the South line of the aforementioned City
of Baytown tract passing at 164.05 feet the Southeast right -of -way line of
the previously mentioned Houston Lighting and Power Company easement con-
tinuing 62.41 feet for a total of 226.46 feet to a point in the Southeast
right -of -way line of the Dayton -Goose Creek Railroad, said point being also
the most Southerly Southwest corner of the Jenkins 39.0343 acre tract;
THENCE, South 27 °49'8" West, with the Southeast right -of -way line of the
Dayton -Goose Creek Railroad, a distance of 147 feet to the POINT OF BEGIN-
NING encTosing a tract of land containing 35,136.3328 square feet (0.8066
acres) more or less.
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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 Thousand Nine Hundred and No /100 ($2,900.00)
Dollars for the said tract above described, to J. R. Martin 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 in-
terest 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 acquire land
for park purposes 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 speci-
fied, 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, 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 purpose 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 25th day of January ..,__ 1973.
�,
C. GLEN WALKER, Mayor _
ATTEST:
EDNA OLIVER, City CTerk
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ii. pj�lf-.0IN't OL==M.-
EEL RICHARDSON, City Attorney
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