Ordinance No. 1,422f
ORDINANCE NO.1422
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND
ON BEHALFOF THE CITY OF BAYTOWN,TEXAS,THE SUM OF FIVE HUN
DRED AND NO/100 ($500.00)DOLLARS,TO THE BIELSTEIN HEIRS OR
OTHER PARTIES IN INTEREST,FOR THE ACQUISITION OF CERTAIN INTERESTS
IN A CERTAIN TRACT DESCRIBED HEREIN REQUIRED FOR PUBLIC USE;
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 FORTHE 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 followingdescribed tract or parcel of
land to-wit:
BEING a permanent easement 20 feet in width and a temporary construction
easement 30 feet in width;said construction easement parallel to and
wholly on the South side ofthe aforementioned 20 foot wide permanent
easement;said easements being over and across a tract of land belonging
to the Bielstein Heirs out of the William ScottUpper League,Survey A-66;
center!ine of said 20 foot wide permanent easement being described as
follows:
BEGINNING at a point in a West line of the aforementioned tract of
land being also the East line of that certain 0.53 acre Reynolds tract
of land;said point being located North 22°30'East a distance of
321.77 feet from the Point of Intersection of the common boundary
with the North right ofway line ofWest Main Street;
THENCE South 85°45'15"East a distance of 63.2feet to a point
in an East line of the Bielstein tract being also the West line of
that certain 1.679 acre Staner tract;said point being located North
22°30'East a distance of 41.56 feet from the mostWesterly Southwest
corner of the abovementioned 1.679acre Staner tract.
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 di
rected to make an offer of Five Hundred and No/100 ($500.00)Dollars for the
said tractabove described;to the Bielstein Heirs or other parties in interest
believed to be the true owners ofsaid property,or to the actual real and true
owners thereof,whether herein correctly named or not,for the purchase and
acquisition by the Cityof Baytown of a permanent easement encompassing 1220 square
feet of land and a construction easement encompassing 1830 square feet of land,
which said interests in said tract are required for the construction,maintenance,
and operation of a sanitary sewer line.
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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
orby 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,Chapter
17 ofTitle 28of 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
forthshall be paidoutof any appropriation heretofore made for the public
purpose for which the above described tract is required.Should such offer
not be accepted,the amount finallyawarded to the owner in the condemnation
proceedings,plus costs,fees and expenses,shall be paid out ofsuch 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 Nth day of June ,1973.
TOM GENTRY,Mayor
ATTESp
EDNA OLIVER,CityClerk
APPROVED:
J I
NEEL/'RICWARDSON,City Attorney^
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