Ordinance No. 1,855ORDINANCE NO.1855
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR
ANDON BEHALF OF THECITY OF BAYTOWN,TEXAS,THE SUMS
OF ONE THOUSAND ONE HUNDRED FORTY-ONE AND85/100
($1,141.85)DOLLARS AND NINE HUNDRED NINETY-FIVE AND
95/100 ($995.95)DOLLARS TO M AND Y INVESTMENTS,INC.
OR OTHER PARTIES IN INTEREST,FOR THE ACQUISITION OF
CERTAIN INTERESTS IN CERTAIN TRACTS DESCRIBED HEREIN
REQUIRED FOR PUBLIC USE,FOR STREET,ROAD AND HIGHWAY
PURPOSES,IN FEE SIMPLE;REQUIRING THATSUCH OFFERS BE
ACCEPTED WITHIN FIFTEEN (15)DAYS;DIRECTING THECITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE
EVENT SUCH OFFERS ARE REFUSED;AND 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 Baytownacquire the following
described tracts or parcels of land,to wit:
TRACT ONE:
Being a parcel of land out of the William Scott Survey
A-66,being a part of Lots 20 and 21,Block 18,Central
Heights,plat of said subdivision being recorded in
Volume 11at Page 48 of the Map Records of Harris
County,Texas,and being more particularly described by
metes and bounds as follows:
BEGINNING at the Southeast corner of Lot 20,Block 18,
of Central Heights,said point also being the intersection
of the North right of way line of West Texas Avenue
with the West right of way line of Texas Avenue Extension;
THENCE North 56 degrees 58 Minutes West with the
North right of way line of West Texas Avenue and
the South lines of Lots 20 and 21 a distance of
158.75 feet to a point for the Southwest corner of
Lot 21;
THENCE North 33 degrees 02 Minutes East with the
Westline of Lot 21 a distance of 22.0 feet to a
point;
THENCE South 64 degrees 14 Minutes 31 Seconds East
over and across Lots 21 and 20 of Central Heights
a distance of 134.58 feet to a point situated in
the Eastline ofLot 20;
THENCE South 0 degrees 08 Minutes West with the
East line of Lot 20 a distance of 46.5 feet to the
POINT OF BEGINNING of this tract,enclosing 4,567.40
square feet or 0.105 acres more or less.
/0S
TRACT TWO:
Being a part of that certain 4.706 acre tract of land
situated in the Harvey Whiting Survey A-841,Harris
County,Texas,as conveyed to M and Y Investments,Inc.
as evidenced by Deed filed for record January 23,1973,
under HarrisCounty Clerk's File Number D787085,Harris
County,Texas,and being more particularly described by
metes and bounds as follows:
BEGINNING at the intersection of the North right of way
line of West Texas Avenue with the East right of way
line of Texas Avenue Extension;
THENCE South 56 degrees 58 Minutes East with the
North right of way line of West Texas Avenue and
the South line of the 4.706 acre tract a distance
of 163.55 feet to a point situated in the West
bank of Goose Creek Stream;
THENCE in a Northerlydirection with the meanders
of the Westbank of Goose Creek Stream North 23
degrees 28 Minutes 09 Seconds East,5.13 feet,
North 10 degrees 36 Minutes 47 seconds East 68.96
feet to a point;
THENCE North 64 degrees 14 Minutes 31 Seconds with
the north line of this tract a distance of 168.46
feet to a point situated in the East right of way
line of Texas Avenue Extension;
THENCE South 0 degrees 08 Minutes West with the
East right of way line of Texas Avenue Extension a
distance of 56.54 feet to the POINT OF BEGINNING,
enclosing 9,959.49 square feet or 0.229 acres more
or less.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BAYT0WN,TEXAS:
Section 1:That the City Attorney be,and he is hereby,
authorized and directed to make an offer of One Thousand One
Hundred Forty-One and 85/100 ($1,141.85)Dollars for the
said Tract One above described and an offer of Nine Hundred
Ninety-Five and 95/100 ($995.95)Dollars for the said Tract
Two above described to M andY Investments,Inc.,orother
parties in interest believed to be the true owners of said
property,orto 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
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interest in the said tracts,towit:in fee simple,which
said interest in said tracts is required for the following
public purpose,to wit:to widen and improve West Texas
Avenue in Baytown,Harris County,Texas.
Section 2:Each such offershall provide that ifit
should not be acceptedwithin 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 offers be refused,
orany of such offers,either expressly or by failure of the
owners 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 17of
Title 28 of said statutes,the Charter of the City of Baytown,
orany other provisions.
Section 4:Should all of such offers be accepted,or
any of such offers,the sums of money above set forth shall
be paid out of any appropriation heretofore made for the
public purpose for which theabove described tracts are
required.Should any of such offers notbe accepted,the
amounts finally awarded to the owners in the condemnation
proceedings,plus costs,fees andexpenses,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 the affirmative vote of
the City Council of the City of Baytown on this14th day of
August,1975.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
NEEL R/CHARDSON,City Attorney'-3-