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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^ -2-