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Ordinance No. 2,658ORDINANCE NO. 2658 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE OFFERS FOR AND ON BEHALF OF THE CITY OF BAYTOWN TOTALING FIFTEEN THOUSAND FIVE HUNDRED THIRTY AND 90/100 ($15,530.90) DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN INTERESTS IN EIGHT TRACTS DESCRIBED HEREIN REQUIRED FOR PUBLIC USE, FOR STREET, ROAD, AND HIGHWAY PURPOSES, IN FEE SIMPLE; REQUIRING THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFERS ARE 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 eight parcels of land 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 the following offers totaling Fifteen Thousand Five Hundred Thirty and 90/100 ($15,530.90) Dollars for the said tracts above described, to the owners listed below, 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: $4,347.25 to Goose Creek Consolidated Independent School District for Tract One; $ 944.00 to Frank E. Kelly, Jr. for Tract Two; $ 80.65 to Monroe Pryor for Tract Three; $3,310.00 to Robert Gillette for Tract Four; $2,644.00 to W. P. Vinson for Tract Five; $1,602.00 to Sherman W. Childress for Tract Six; $2,279.00 to James T. Fields, Jr, for Tract Seven; and $ 324.00 to George Iving for Tract Eight; for the purchase and acquisition by the City of Baytown of the following described interests in the said tracts, to 0426-4a wit: in fee simple, which said interests in said tracts are required for the following public purpose, to wit: to widen and improve Bayway Drive in Baytown, Harris County, Texas. Section 2: Such offers shall provide that if they should not be accepted within fifteen (15) days after receipt, the City of Baytown will consider such offers refused and will institute condemnation proceedings. Section 3: In the event that such offers are refused, 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 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 offers be accepted, the sums of money above set forth shall be paid out of any appropriation heretofore made for the public purpose for which the above described tracts are required. Should such offers not be accepted, the amount finally awarded to the owners 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. INTRODUCED, READ, and PASSED by an affirmative vote of the City Council of the City of Baytown on this the 26th day of April 1979. ATTEST: LFMIETT 0. HUTTO, Mayor r EILEEN P. HALL, City Clerk APPROVED: RANDALL B. TTRMNG, Assistant City torney -2- Qd FIELD NOTES FOR PARCEL NO. 1 0426-4c Being 31,209.33 square feet or 0.717 of an acre of land, more or less, out of Lot 1 and Lot 2, Block 2, Sterling Baytown Addition, James Strange Labor Survey, Abstract 71 as shown by map of .said addition, recorded in Volume 557, Page 80, Deed Records of Harris County, Texas. Being a part of that certain land conveyed by Junius Brown, et ux to John G. Todd, County Judge of Harris County, Texas, dated October 5, 1896 and recorded in Volume 94, Page 46, Deed Records and by Sterling Properties to J. F. Campbell, President of the Board of Trustees of the Goose Creek Independent School District by deed dated march 18, 1930 and recorded in Volume 841, Page 10, Deed Records of Harris County, Texas. Beginning at a point in the existing north right-of-way line of Bayway Drive (Market Street Road) and its intersection with the east line of said Lot 2, and whose Texas Plane Coordinates (South Central Zone Adjusted Surface) are X = 3,259,1.51.1069 and Y = 718,176.7193; THENCE, North 490 57' 25" west, with said existing north right-of-way line, 239.91 feet to the point of curvature of a curve; THENCE, continuing along said right-of-way with a curve to the left having a radius of 1323.24 feet, a central angle of 180 10' 04", and an are length of 419.58 feet to a point in the easterly line of Arbor Street for corner; THENCE, North 190 12' 07" East, along the easterly line of Arbor Street, 29.00 feet for corner; THENCE, South 840 19' 49" East, 132.29 feet to a point for corner; THENCE, South 580 20' 22" East, 162.64 feet to a point; THENCE, South 420 54' 02" East, 305.99 feet to a point; THENCE, South 480 14' 19" East, 83.21 feet to a point for corner; THENCE, South 230.29' 22" West, 20.35 feet to the point of beginning containing 0.717 of an acre of land more or less. Id FIELD NOTES FOR PARCEL NO. 2 9-0426-4d 1,431.37 square feet or 0.033 of an acre of land, more or less in the James Strange Labor, Harris County, Texas, and being a part of the Jessie Wooster 10 acre tract as recorded in Volume 563, Page 279, Harris County Deed Records. Being also a part of that certain tract of land conveyed by Ann E. Kelly to Frank E. Kelly and recorded January 13, 1970 on Film Code 112-37-0372 Deed Records of Harris County, Texas. Said 0.033 of an acre of land, more fully described by metes and bounds as follows: Beginning at a point in the existing north right-of-way line of Bayway Drive (Market Street Road) and its intersection with the east line of Lot'2, Block 2, Sterling Baytown Addition as recorded in Volume 557, Page 80, 81, Deed Records of Harris County, Texas. Whose Texas Plane Coordinates (South Central Zone, Adjusted Surface) are X = 3,259,151.1069 and Y = 718,176.7193; THENCE, North 230 29' 22" East,.with the east line of the school property, 20.35 feet to a point for corner; THENCE, South 480 14' 19" East, 16.83 feet to a point for corner; THENCE, South 420 00' 14" East, 93.87 feet to a point in west line of the D. Monroe Pryor tract; THENCE, South 350 47' 57" West, 6.03 feet to a point in the existing north right-of-way line of said Bayway Drive; THENCE, North 490 57' 25" West, along said existing right-of-way line, 104.44 feet to the point of beginning containing 0.033 of an acre of land more or less. 9-0426-4e FIELD NOTES FOR PARCEL NO. 3 Being 128.01 square feet or 0.003 of an acre of land, more or less, lying in and being a part of 0.334 acre tract in the James Strange Labor, Harris County, Texas, conveyed by Frank E. Kelly, Jr. et ux to D. M. Pryor and Frances Pryor by -deed dated December 3, 1958, and recorded in Volume 3607, Page 435, Deed Records of Harris County, Texas. Said 0.003 of an acre more fully described by metes and bounds as follows: Commencing at the point of intersection of the east line of Lot 2, Block 2, Sterling Baytown Addition as recorded in Volume 557, Page 80, 81, Deed Records of Harris County, Texas, and the existing north right-of- way line of Bayway Drive (100' wide) whence the point of beginning of the herein described parcel bears South 490 57' 25" East, 104.44 feet. Whose Texas Plane Coordinates (South Central Zone, Adjusted Surface) are X = 3,259,231.0633 and Y = 718,109.5257; THENCE, North 350 47' 57" East, 6.03 feet to a point for corner;. THENCE, South 420 00' 14" East, 43.45 feet to a point in the existing north right-of-way line of Bayway Drive; THENCE, North 490 57' 25" West, with said existing right -of -wap line 42.59 feet to the point of beginning containing 0.003 of an acre of land, more or less. 9426-4f FIELD NOTES FOR PARCEL NO. 4 Being 6,525.46 square feet or 0.150 of an acre of land, more or less, lying in James Strange Labor and being a part of Lots 4 and 5, Block H and west portion Block I in the Brown andIddings Subdivision according to a map recorded in Volume 78, Page'626, Deed Records of Harris County, Texas. Being also a part of that certain land conveyed by Audry Brown to Robert L. Gillette et al by deed dated June 30, 1969, and recorded on Film Code 107-21-1485, Deed Records of Harris County, Texas. Said 0.150 of an acre being more particularly described by metes and bounds as follows: Beginning at a point in the existing south right-of-way line of Bayway Drive (100 feet wide) and the east property line of.biary McKay's property according to deed dated September 30, 1965, recorded on Film Code 040-21-04183, Deed Records of Harris County, Texas. Those Texas Plane Coordinates (South Central Zone, Adjusted Surface) are X = 3,258,563.8370 and Y = 718,456.4063; OWN THENCE, with a curve to the right having a radius of 1223.24 feet, a central angle of 120 14' 45" and an are length of 261.45 feet to a point in the center line of a stream commonly called Brown's Bayou; THENCE, South 380 10' 49" West, with said center line 40.29 feet to a point; THENCE, North 560 31' 47" West, 21.45 feet to a point; THENCE, North 530 15' 25" West, 235.20 feet to the point of beginning, containing 0.150 of an acre of land, more or less. 9-.0426-4g FIELD NOTES FOR PARCEL NO. 5 Being 5,449.15 square feet or 0.125 of an acre of land., more or less, lying in James Strange Labor and being a portion of Block I in the Brown and Iddings Subdivision according to a map thereof recorded in Volume 78, Page 626, Deed Records of Harris County, Texas. Being also a part of that certain land conveyed by Walter Brown et ux to W. P. Vinson et ux by deed dated May 25, 1948, and recorded in Volume 1757, Page 260, Deed Records of Harris County, Texas. Said 0.125 of an acre of land, more or less being described more particularly by metes and bounds as follows: Beginning at the intersection of the existing south right-of-way line of Bayway Drive (100 feet wide) with the east line of said Block I. Whose Texas Plane Coordinates (South Central Zone, Adjusted Surface) are X = 3,258,922.2039 and Y = 718,238.4614; THENCE, South 400 02' 35" West, with the tyest line of Lot 4, Block J in said subdivision, 32..24 feet to a point; THENCE, North 510 48' 01" Nest, 126.00 feet to a point; THENCE, North 810 58' 52" Nest, 17.76 feet to a point for corner; THENCE, North 560 31' 47" Nest, 17.58 feet to the east line of R. L. Gillette et al tract; THENCE, North 380 10' 49" East, with said east line, 40.29 feet to a point in the existing south right-of- way line of Bayway Drive; THENCE, along said right-of-way with a curve to the right, having a radius of 1,223.24 feet, a central angle of 60 19' 3811, a long chord 135.01 in length on a bearing of South 530 07' 14" East and an -arc length of 135.08 feet; THENCE, South 490 57' 25" East, 24.95 along said existing right-of-way, to the point of beginning containing 0.125; Temporary Easement No. 5TE Being 5,394.18 square feet or 0.124 of an acre of land, more or less, beginning at a point in the east line of Block I said subdivision. Whose Texas Plane Coordinates (South Central Zone, Adjusted Surface) are X = 3,258,901.4650 and Y = 718,213.7834; THENCE, South 400 02' 35" West, 36.72 feet.to a point; THENCE, South 740 43' 46" West, 43.84 feet to a point; THENCE, North 490 57; 25" West, 34.00 feet to a point; THENCE, North 60 49' 02" East, 82.97 feet to a point; THENCE, South 510 48' 01" East, 104.46 feet to the point of beginning, containing 0.124 of an acre of land, more or less. 0426-4h FIELD NOTES FOR PARCEL NO. 6 Being 3,063.42 square feet or 0.070 of an acre of land, more or less, out of James Strange Labor by patent or title dated on or about August 24, 1824. Being also a portion of that certain land conveyed by 0. B. Boden et ux to Jewell J. Palmer by deed dated May 4, 1935, and recorded in Volume 979, Page 445, Deed Records of Harris County, Texas. Further being a part of that certain land conveyed by Diary Rowin Childress, a feme sole, to'Sherman IV. Childress, a single man, dated November 21, 1972, and recorded on Film Code 154-27-1145, Deed Records of Harris County, Texas. Said 0.070 of an acre of land being more particularly described by metes and bounds as follows: Beginning at the intersection of the existing south right-of-way of Bayway Drive (100 feet wide) with the east line of Block I, Brown and Iddings Subdivision according to map thereof recorded in Volume 78, Page 626, Deed Records of Harris County, Texas. Whose Texas Plane Coordinates (South Central Zone, Adjusted Surface) are X = 3,258,922.2039 and Y = 718,238.4614. Said beginning point being also in the west line of Lot 4, Block J in aforementioned subdivision; THENCE, South 490 57' 25" East, with said existing south right-of-way line, 100.03 feet to a point in the dividing line of Lot 4 and Lot'1 of said Block J; THENCE, South 400 02' 35" Nest, along said dividing line between Lot 4 and Lot 1, 29.02'feet to a point for corner; THENCE, North 510 48' 01" West, 100.08 feet to said east line of Block I; THENCE, North 400 02' 35" East, along said east line of Block I, 32.24 feet to the point of beginning containing 0.070 of an acre of land, more or less; Temporary Easement No. 6TE Being 477.11 square feet or 0.011 of an acre of land, more or less; Beginning at a point in the east line of said Block I, whose Texas Plane Coordinates (South Central Zone, Adjusted Surface) are X = 3,258,901.4650 and Y = 718,213.7834; THENCE, South 510 48' 01" East, 26.00 to a point for corner; THENCE, South 740 43' 46" West, 45.67 feet to a point in said east line of Block I; THENCE, North 400 02' 35" East, with said east line of Block I, 36.72 feet to the point of beginning containing 0.011 of an acre of land, more or less. Id FIELD NOTES FOR PARCEL NO. 7 -0426-4i Being 2,174.50 square feet or 0.050 of an acre of land; more or less, out of James Strange Labor by patent dated about August 24, 1824. Being also a part of that certain land conveyed by Norman B. Culver et ux to Eunice Culver Fielder, wife of James Fielder, by deed dated August 6, 1968, and recorded on Film Code 096-23-2204, Deed Records of Harris County, Texas; Beginning at the intersection of the existing south right-of-way line of Bayway Drive (100 feet wide), 200 feet west of the northeast corner of a tract of land 300 feet by approximately 485 feet conveyed to Harry Dunkerly on September 15, 1928, by Bert Brown et ux, by deed recorded in Volume 765, Page 497, Deed Records of Harris County, Texas. Those Texas Plane Coordinates (South Central Zone, Adjusted Surface) are X = 3,258,998.7812 and Y = 718,174,0175, said point of beginning being also in the west line of Lot 1, Block J, Brown and Iddings Subdivision, according to map thereof recorded in Volume 78, Page 626, Deed Records of Harris County, Texas; THENCE, South 490 57' 25" East, with the existing south right-of-way line of Bayway Drive (100 feet wide), 100.00 feet to a point in the dividing line between Lot 1 and Lot 3 in said Block J; THENCE, South 40Q 02, 35" Nest, along said dividing line between Lot 1 and Lot 3, 14.47 feet to a point for corner; THENCE, North 580 13' 53" West, 101.05 feet to a point in the west line of said Lot 1; THENCE, North 400 02' 35" East, 29.02 feet to the point of beginning containing 0.050 of an acre of land, more or less. W FIELD NOTES FOR PARCEL NO. 8 0426-4j 1 Being 720.27 square feet or 0.017 of an acre of land, more or less, lying and being situated in the County of Harris in the State of Texas, and being out of that certain survey of one labor granted to James Strange by patent or title dated on or about August 24, A.D. 1824. Also being a part of that certain land conveyed by N. B. Culver et ux to George Irving et ux by deed dated July 19, 1966, and recorded on Film Code 057-27-1215, Deed Records of Harris County, Texas. Said 0.017 of an acre of land, more or less, being more particularly described by metes and bounds as follows: Beginning at a point on the south line of Bayway Drive (100 feet wide)(Mirket Street Road), being also the northeast corner of a tract of land 300 feet by approx- imately 485 feet conveyed to Harry Dunkerly on the 15th day of September A.D. 1928, by Bert Brown et ux by deed recorded in Volume 765, Page 497, Deed Records of Harris County, Texas. Those Texas Plane Coordinates (South Central Zone, Adjusted Surface) are X = 3,259,151.5319 and Y = 718,045.7392, said point being also in the west line of Lot 3, Block J, Brown and Iddings Subdivision, according to map thereof recorded in Volume 78, Page 626, Deed Records of Harris County, Texas; THENCE, North 580 13' 53" West, 100.57 feet to a point in the east line of Lot 1 of said Block J; THENCE, North 400 02' 35" East, along said east line of Lot 1, 14.47 feet to the existing south right-of-way line of Bayway Drive; THENCE, South 490 57' 25" East, with said existing south right-of-way line, 99.53 feet to the point of beginning, containing 0.017 of an acre of land, more or less.