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Ordinance No. 1,469ORDINANCE NO.1469
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON
BEHALF OF THE CITY OF BAYTOWN,TEXAS,THE SUM OF ONE
HUNDREDAND NO/lOO ($100.00)
DOLLARS,TOTHE 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
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 CityofBaytown acquire
m^the following described interest in the following described tract or parcel of
land to-wit:
BEING ATRACT OF LAND OUT OF THE WILLIAM SCOTT UPPER LEAGUE,A-65,HARRIS COUNTY,
TEXAS,AND BEING A PORTION OF THAT CERTAIN TRACT BELONGING TO THE BIELSTEIN HEIRS
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a2 1/2 inchiron pipe located at the Southwest cornerof the
above mentioned Bielstein tract,said corner also being the Southeast corner
of a 1.20 acre tractof land conveyed to Francis Regan'by Paul Prince;
THENCE,North 22 degrees,30 minutes East with the West line of the Bielstein
tract,a distance of 50.0 feet to a point for the Northwest corner of the
herein describedtemporary construction easement;
THENCE,South 67 degrees,30 minutes East a distance of10.0 feet to a
point for the Northeast corner of theherein described temporary con
struction easement;
THENCE,South 22 degrees,30 minutes West a distance of 50.0feet to a
r point in the North right of way line of West Main Street also being the
South property line of the Bielstein tract,said pointbeing the Southeast
corner ofthe herein described temporary construction easement;
THENCE,North 67 degrees,30 minutes West along the North right of way
line of West Main Street a distance of 10.0 feet to the POINT OF BEGINNING,
enclosing a tract of land containing 0.0115 acres,more or less.
NOW THEREFORE,BE IT ORDAINED BY THECITY 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 One Hundred and No/100 ($100.00)
Dollarsfor the said tractabove described;to
the Bielstein Heirsor other parties in interestbelieved to be the trueowners
r 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:a tern-
porary construction easement,which said interest in said tract is required
for the following public purpose,to-wit:a temporary construction easement
to construct a sanitary lift station.
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 failureof 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 applicableprovisions
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 Cityof Baytown,or any
other provisions.
Section 4:Should such offer be accepted,the sum of moneyabove
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 13th day of September ,1973.
fOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
jPPjl^pj^
NE RDSON,City Attorney^
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