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Ordinance No. 2,3498197 ORDINANCE NO. 2349 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF FIVE THOUSAND TWO HUNDRED SIXTY -ONE AND NO 1100 ($5,261.00) DOLLARS TO H. E. CRAWFORD, ET UX RUTH E. CRAWFORD, OR OTHER PARTIES IN INTEREST, 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 property described in Exhibit "A," attached hereto and made a part hereof for all intents and purposes. 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 Five Thousand Two Hundred Sixty -One and No /100 ($5,261.00) Dollars for the said tract above described, to H. E. Crawford, et ux Ruth E. Crawford, 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 interest 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. id 8108 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 specified, the City Attorney is hereby authorized to institute condemnation proceedings on behalf of the City of Baytown under any applicable pro- visions 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 13th day of October , 1977. .' = V�' Z 4� TOM GENTRY, h ayor ATTEST: El EEN P. HALL, City Clerk APPROVED: NEEL R ARDS N, City Atto ney -2- 8109 E X H I B I T "A" ' 8110 BEGINNING at a point on the North line 4.719 acre tract, said POINT OF BEGINNING described as situated North 800 30' East 223.20 feet from the Northwest corner 4.719 acres, and said POINT OF BEGINNING situated South 090 30' East 96.43 feet: North 800 30' East 223.20 feet from the point of intersection of West line 8.719 acre tract (tract no. 7 of Cause No. 58788, District Court of Harris County, Texas) with the Southeasterly right of way line of Dayton Goose Creek Railroad (a subsidiary of Southern Pacific Railways) and the POINT OF BEGINNING being the Northeast corner of that certain 0.9234 acre tract this day conveyed to Enid Collins; THENCE, South 090 30' East, said call parallel to the West line 4.719 acre tract but perpendicular 223.20 feet distance therefrom, a distance of 360.43 feet to corner, being the Southwest corner tract herein conveyed, and being the Southeast corner Enid Collins 0.9234 acre tract; THENCE, North 800 30' East, with the most Northerly South line 4.719 acre tract, 111.60 feet to corner, being the Southeast corner tract herein conveyed, said corner described as situated South 800 30' West 111.60 feet from the most Northerly South corner 4.719 acre tract; THENCE, West 090 30' West, said call parallel to the West and East lines 4.719 acre tract, but perpendicular 334.80 feet distant the West line thereof, a distance of 360.43 feet to corner, being the Northeast corner tract herein conveyed, being situated in North line 4.719 acre tract; THENCE, South 800 30' West, with the North line 4.719 acre, a distance of 111.60 feet to the point of beginning, and containing within these metes and bounds 0.9234 acres of land, more or less. M