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Ordinance No. 2,4871W ORDINANCE NO. 2487 80608 -9 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN THE SUM OF FIVE THOUSAND SEVEN HUNDRED AND N01100 ($5,700.00) DOLLARS TO JAMES S. NACOL, 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 EFFEC- TIVE 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 Seven Hundred and No /100 ($5,700.00) Dollars for the said tract above described, to James S. Nacol, 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 acqui- sition 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. elp"', , 80608 -9a 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 the 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: 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 8th day of June , 1978. ATTEST: EILEEN P. HALL, City Clerk APPROVED: ". SCOTT BOUNDS, City Attorney 44 00 dedd EMMETT 0. HU TO, Mayor -2- 80608 -9b E X H I B I T "A" 80608 -9c BEING a tract or parcel of land out of the Whitney Britton Survey A -118 and being all of that certain 1.00 acre tract conveyed to James S. Nacol by deed recorded in Volume 5011 at Page 424 of the Deed Records of Harris County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at the most Southerly Southeast corner of a 2.8716 acre tract conveyed to the City of Baytown by deed recorded under County Clerk's File No. D452994, Harris County, Texas, said point being situated in the North line of a tract now or previously owned by J. C. Harrison; THENCE, North 800 30' East with the South line of this tract and the North line of the Harrison tract a distance of 147.58' to a point for the Southwest corner of a 1.00 acre tract owned by McCandless; THENCE, North 090 30' West with the East line of this tract and the West line of the McCandless tract a ' distance of 295.16' to a point for the Northeast corner of this tract and the Northwest corner of the McCandless tract said point also being situated in the South line of a 0.9227 acre tract now or previously owned by Crawford; THENCE, South 800 30' West with the North line of this tract and the South line of the Crawford tract passing at 75.79' the Southwest corner of the Crawford tract and the intra corner of the City of Baytown tract con- tinuing in all a distance of 147.58' to a point for the Northwest corner of this tract and an intra corner of the City of Baytown tract; THENCE, South 090 30' East with the West line of this tract and the East line of the City of Baytown tract a distance of 295.16' to the POINT OF BEGINNING enclosing 1.00 acre more or less.