Ordinance No. 2,84500228 -15
ORDINANCE NO. 2845
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE
OFFERS FOR AND ON BEHALF OF THE CITY OF BAYTOWN TOTALING
NINE THOUSAND THREE HUNDRED EIGHTY -EIGHT AND 95/100
($9,388.95) DOLLARS TO THE OWNERS, OR OTHER PARTIES IN
INTEREST FOR THE ACQUISITION OF CERTAIN INTERESTS IN
FIVE TRACTS DESCRIBED HEREIN REQUIRED FOR AN UTILITY
EASEMENT; 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; 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 Baytown acquire the five 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:
Section 1: That the City Attorney be, and he is hereby
authorized and directed to make the following offers totaling
Nine Thousand Three Hundred Eighty -Eight and 95 /100 ($9,388.95)
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:
$ 4,741.81 to
School D
$ 1,833.54 to
$ 925.84 to
$ 1,887.76 to
$12,328.73 to
Goose Creek Consolidated Independent
istrict for Tract One;
Theo Wilburn for Tract Two;
Lillian Smith for Tract Three;
John Martin for Tract Four; and
Mohommad Ata for Tract Five (Donated)
for the purchase and acquisition by the City of Baytown of
the following described interests in the said tracts, to
wit: in fee simple, which said interests in said tracts are
required for the following public purpose, to wit: an
utility easement for a sanitary sewer line.
00228 -15a
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 provi-
sions 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 the affirmative vote of
the City Council of the City of Baytown on this the 28th day
of February ____, 1980.
ATTEST:
J
EILEEN P. HALL, City Clerk
APPROVED:
sa#4col�
SCOTT BOUNDS, City Attorney
-2-
T O. HUTTO, Mayor
00228 -15b
E X H I B I T "A"
00228 -15c
FIELD NOTES
FIELD NOTE DESCRIPTION FOR A 0.8778 ACRE TRACT OF LAND
OUT OF THE CHRISTIAN SMITH SURVEY A--69, HAPL IS COUNTY,
TEXAS; BEING A 15 FOOT WIDE PUBLIC UTILITY
SAID EASEMENT BEING SHOWN ON UNRECORDED :1 AP ATTACHED
HERETO AS EXHIBIT "A" AND BEING MORE PARTICULA,7RLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COM2MIENCING at the Northwest corner of that certain tract of land
conveyed by L.W. Hassey and Pearl B. Massey to the Goose Creek
Consolidated Independent School District, by Deed recorded in
Volume 2350, Page 51 (Harris County Clerks Film Code 035 -50 -0800)
of the Harris County Deed Records, said point being located in the
southerly right -of -way line of Massey Tompkins Road;
THENCE,North 79 degrees, 56 minutes, 00 seconds East a distance of
236.00 feet to the point or PLACE OF BEGINNING:
THENCE, North 79 degrees, 56 minutes, 00 seconds East along; the
southerly right -of -way line of Massey Tompkins Road a distance of
50.00 feet to the point of curvature of a curve to the right in
said southerly right -of --way line of Massey Tompkins Road;
THENCE, cdntinuing southeasterly with the southerly right-off-way
line of Massey Tompkins Road, following a curve to the right- having
r a radius of 119.65 feet,*a curvilinear distance of 101.95 feet and
a central angle of 48 degrees, 49 minutes, 00 seconds;
THENCE, South 51 degrees, 15 minutes, 00 seconds East a distance of
310.41 feet to a point;
THENCE, South 18 degrees, 29 minutes, 50 seconds East a distance of
641.40 feet-to a point;
THENCE, North 80 degrees, 03 minutes, 00 seconds East a distance of
1443.32 feet to a point, said point being in the most easterly line
of the Goose Creek Consolidated Independent School District 24.21
acre tract and the most westerly line of the Clarence Whisenant
4.89 acre tract;
THENCE, Southeasterly along the aforementioned line South 09 degrees,
04 minutes, 00 seconds East, a distance of 15.00 feet to a 1' iron
rod and the most southeast corner of said tract, also being the most
southwesterly-corner of the Clarence Whisenant 4.89 acre tract, as
described in a deed recorded in the Harris County Deed Records under
Volume 5128, Page 490;
Page l of 2
00228 -15d
THENCE, South 80 degrees, 03 minutes, 00 seconds West along the
southerly line of the aforementioned tract a distance of 1456.00
feet to a point;
THENCE, North 18 degrees, 29 minutes, 50 seconds West a distance
of 649.91 feet to a point;
THENCE, North 51 degrees, 15 minutes, 00 seconds West a distance
of 306.00 feet to a point of curvature of a curve-to the left;
THENCE, along a curve to the left with a
central angle of 48 degrees, 49 minutes,
distance of 89.17 feet to a point;
THENCE, South 79 degrees, 56 minutes, 00
50.00 feet to a point.
THENCE, North 10 degrees, 04 minutes, 00
15 -00 feet to the point or PLACE OF BEGI3
square feet or 0.788 acres of land, more
radius of 104.66 feet, a
00 seconds and a curvilinear
seconds West a distance of
seconds West a distance of
9NING, containing 34323.395
or less.
Field Notes By- Langford Engineering, Inc.
Cr
. ......................
10�t.t A. FAllf ;G
.:`�•�,� 22313
i;
These Field Notes were made from available
records and do not represent an on the
ground survey made at this time.
li Ullii l GtGL.LILU, X_ • ('+-
Texas Registration No. 22313
�,`��++ + + + "+ +'•'+4y, Subscribed and SWO]C t0 Before Me
this A day of _ ` " 1979.
O F
of a
aR: �• }-'•• I Ngtary Public in anr7,/or Harris County,
AR 4 Texas
istrip),
'frill
414v Commission Expires November 30, 1984_
Date: August 10, 1979
Job No.: 044- -08 1IT12
R.F.B.
Page 2 of 2
00228 --15e
FIELD NOTES
FIELD NOTE DESCRIPTION FOR UTILITY EASEMENT FROM
ROBERT L. GILLETTE TO THE CITY OF BAYTOWN, JOB
N0, 044 -08, CONTRACT NO. 2
BEING a 15 foot wide permanent easement and a 30 foot wide temporary
construction easement lying adjacent to and wholly to the South side
of the most northerly line of the Robert L. Gillette 25.7178 acre
tract as described in a deed recorded in the Harris County Deed
Records under Volume 7109, Page 275, located in the Christian Smith
A -69 Survey, City of Baytown, Harris County Texas and being more
particularly described by metes and bounds as follows:
BEGINNING, at the Northeast corner of that certain tract of land
conveyed by S/C Management Company No. 55 Ltd. to Robert L. Gillette,
et al, by deed recorded in Volume 7409, at Page 275 (Harris County
Clerks Film Code 123 -38- -1029) of Harris County Deed Records, said
point being located in the westerly right -of -way line of State
Highway 146;
THENCE, South 81 degrees, 59 minutes, 03 seconds ZVest, along said
North line of the aforementioned 25.7178 acre tract a distance of
527.73 feet to an existing (1) inch iron rod, and continuing along
said line for a total distance of 547.73 feet to a point, said point
being 20.00 feet jest of the southeast corner of the Goose Creek
Consolidated Independent School District 24.21 acre tract as filed
in the Harris County Deed Records, in Volume 3250, Page 51, along
the above mentioned line;
THENCE, South 08 degrees, 00 minutes, 57 seconds East, a distance of
15.00 feet to a point;
THENCE, North 81 degrees, 59 minutes, 03 seconds East, a distance of
536.72 feet to a point, said point being in the westerly right -of-
way of State Highway 146;
THENCE, North 28 degrees, 15 minutes, 30 seconds East, along the
westerly right -of -way of State Highway 146, a distance of 18.61
feet to the POINT OF BEGINNING containing 8133.39 square feet or
0.1867 acres of land more or less.
Field Notes By: Langford Engineering, Inc.
Date July 2, 1979
Page 1 of 2
Job No. 044 -08 -102
00228 -15f
-� -,._. These Field Notes were made from
available records and do not re-
}. present an on the ground survey
made at this time.
JO.-J' O R. FAllt;
=.f�� 22313
Z�T ohn A. Fazzino, P.E.'
Texas Registration No. 22313
`',t�y►111i3{iibr�,�,
••''�'�P�Y PU81 Subscribed and Sworn o Before
�'� •. ���'' Me this �tL day of 1979.
No!! ary Publi in andl nor Harris
'�-o ••.. AVk `yam C nty, Texas
F HARK �.�
Page 2 of 2
00228 - -15g
FIELD NOTES
FIELD NOTE DESCRIPTION FOR A 0.1045 ACRE TRACT OF
LAND OUT OF THE CHRISTIAN SMITH SURVEY A -69, HARRIS
COUNTY, TEXAS; BEING A 1S FOOT WIDE PUBLIC UTILITY
EASEMENT, SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a concrete monument established by a partition deed
by and between John Beazley and E. B. Pickett, Jr. , recorded in
Volume 2114, at page 708 of the Harris County Deed Records,
Harris County, Texas;
THENCE, North 15 degrees, 00 minutes, 00 seconds West,along
the most easterly line of the Lillian M. Smith 16.6621 acre tract
along with the most westerly line of the John G. Martin SO acre
tract a distance of 15.06 feet to a point for a corner;
THENCE, South 80 degrees, 12 minutes, 07 seconds West a distance
of 154.69 feet for a point for a corner, said point being in the
easterly right -of -way in a 120 foot wide Harris County Flood Con-
trol Easement and being a point of curvature of a curve to the
left;
THENCE, along a curve to the left and the easterly right -of -way
line of the above mentioned Harris County Flood Control Easement,
said curve having a radius of 321.97 feet, a central angle of
09 degrees, 33 minutes, 35 seconds and a curvilinear distance of
53.80 feet of a point;
THENCE, southwesterly and still along the above mentioned Harris
County Flood Control Easement, South 14 degrees, 16 minutes, 41
seconds West, a distance of 107.16 feet to a_point for a corner;
THENCE, North, 79 degrees, 36 minutes, 41 seconds East a distance
of 16.51 feet to a point for a corner;
THENCE, North 14 degrees, 16 minutes, 41 seconds East a distance
of 100.27 feet to a point of curvature of a curve to the right;
THENCE; along a curve to the right with a radius of 306.97 feet,
a central angle of 08 degrees, 05 minutes, 10 seconds and a
curvilinear distance of 43.32 feet to a point for a corner;
THENCE, North 80 degrees, 12 minutes 07 seconds East a distance
of 147.90 feet to a concrete monument and PLACE OF BEGINNING,
containing 4553.817 square feet or 0.1045 acres of land more or
less.
Field Notes By: Langford Engineering, Inc.
i1,�,
..........................
JOHU A. FAllINO
.....................
.9 22313 <)
py P11
49 r�
0�
��»:RIINIIY�ti�
Date: September 25,1979
Job No.: 044 -08 #1
R. F.B.
00228 -15h
These Field Votes were made from
available records and do not re-
present an on the ground survey
made at this time.
-3'ohn A. Fazzino, P.E.
Texas Registration No. 22313
Subscribed and Sworn �o Before Me
this _day of 1979
Texas
my Commission Expires November 30, 1930.
Paze 2 of 2
00228 -1.5i
FIELD NOTES
FIELD NOTE DESCRIPTION FOR A 0.2054 ACRE TRACT
OF LAND OUT OF THE CHRISTIAN SMITH SURVEY, A-69,
HARRIS COUNTY, TEXAS; BEING A 15 FOOT BIDE PUBLIC
UTILITY EASEMENT, SAID EASEMENT BEING MORE PARTI-
CULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOI'S:
BEGINNING at a concrete monument established by a partition deed
by and between John Beazley and E. B. Pickett, Jr., recorded in
Volume 2114, at.page 708 of the Harris County Deed Records, Harris
County, Texas, said monument marking the most southwesterly corner
of the John G. Martin SO acre tract filed in the Harris County
Deed records in Volume 224, at page 620;
THENCE, North 80 degrees, 14 minutes, 08 seconds East along the
southerly line of the aforementioned John G. Martin 50 acre tract
and the northerly line of the Mohammad Ata 30.456 acre tract filed
in the Harris County Deed records in Volume 7851, at page 306,
a distance of 596.61 feet to a point, said point being the most
southeasterly corner of the above mentioned John G. Martin Tract
and the most southwesterly corner of the City of Baytown 1.5649
acre tract filed in the Harris County deed records in Volume
8242, at page 520, said point also being in the north line of
the aforementioned Mohammad Ata 30.456 acre tract;
THENCE, North 15 degrees, 39 minutes, 02 seconds West along the
most easterly line of the aforementioned John G. ?Martin 50 acre
tract along with the most westerly line of the city of Baytown
1.5649 acre tract a distance of 15.08 feet to a point;
THENCE, South 80 degrees, 14 minutes, O8 seconds ;Vest a distance
of 596.44 feet to a point, said point being in the most westerly
line of the aforementioned John G. Martin 50 acre tract in com-
mon with the most easterly line of the Lillian M. Smith 16.6621
acre tract filed in the Harris County deed records in Volume
1307, at page 268;
THENCE, southeasterly along the common line of the John G. Martin
50 acre tract with the Lillian M. Smith 16.6621 acre tract, South
15 degrees, 00 minutes, 00 seconds East a distance of 15.06 feet
to a concrete monument and the PLACE OF BEGINNING, Containing
8947.861'sauare feet or 0.2054 acres of land, more or -less.
j ..
Field Notes By: Langford Engineering, Inc.
o} 7 )EEIO
:rye, %'O'''...... •••
Date: September 25, 1979
Job No.: .044 -08 #1
R.F.B.
00228"15j
These Field Notes were made from
available records and do not re-
present an on the ground survey
made at this time.
oonn A. razzinu, r. r.
Texas Registration No. 22313
Subscr "bed and Sworn:to Be fore
r� �ie
this day of= 1r CCU ,1979.
o y u tic in and fOr Harris County,
Tex s
my Commission Expires November 30, 1930.
00228 -15k
FIELD NOTES
FIELD NOTE DESCRIPTION FOR A 0.3279 ACRE PARCEL
OF UN-D OUT OF THE ;IOHAtiVLAD ATA 30.456 ACRE TRACT
IN THE CHRISTI AV SMITH SUR%,EY _ ABSTRACT 69, R*MS
COUNTY, TEXAS.
Commencing at a concrete monument established by a partition deed by and
in Volume 2114, at Page
between Joh Beazley and E. C. Pickett,
708 of the Harris County Deed Records,
Jr. recorded
Harris County, Texas, said monument
marking the northwest corner of the above
mentioned 30.456 acre tract of land;
THENCE, North 80 degrees, 12 minutes,
07 seconds East, a distance of 739.53
feet to the point or place of beginning;
THENCE, North 80 degrees, 12 minutes,
07 seconds East, a distance of 30.74
feet to a point;
THENCE, South 59 degrees, 12 minutes,
48 seconds East, a distance of 88.04
feet to a point;
THENCE, South 47 degrees, 39 minutes,
34 seconds East, a distance of 343.34
feet to a point;
THENCE, South 89 degrees, 22 minutes,
36 seconds East, a distance of 227.20 feet
to a point;
THENCE, South 37 degrees, 51 minutes,
52 seconds East, a distance of 153.24 feet
to a point;
71I-NCE, South 68 degrees, 42 minutes,
28 seconds East, a distance of 127.86 feet
to a point;
THENCE, North 66 degrees, 29 minutes,
51 seconds East,a distance of 180.45 feet
to a point;
VENCE, South 81 degrees, 49 minutes,
in
13 seconds East, a distance of 3~5.82 feet
right-of -way line of Raccoon Drive;
to a point, said point being the westerly
THENCE, southerly along the westerly
right -of -way of Raccoon Drive, South 09
degrees, 26 minutes, 00 seconds East,
a distance of 20.99 feet to a point;
THENCE, North 81 degrees, 49 minutes,
13 seconds West, a distance of 326.50
feet to a point;
THENCE, South 66 degrees, 29 minutes,
51. seconds West, a distance of 183.02 feet
to a point;
00228 -15L
FIELD NOTES
0.3279 Acre Tract
Page 2
THENCE,
North 68
degrees,
.42 minutes,
28 seconds West,
a distance of
141.62
feet to a
point;
THENCE,
North 37
degrees,
S1 minutes,
52 seconds West,
a distance of
149.11
feet to a
point;
THENCE,
North 89
degrees,
22 minutes,
36 seconds {Vest,
a distance of
225.17
feet to a
point;
THF'NCE,
North 47
degrees,
39 minutes,
34 seconds West,
a distance of
348.93
feet to a
point;
THENCE, North 59 degrees, 12 minutes, 48 seconds West, a distance of 109.36 feet
to the point or PLACE OF BEGPIVIIING, containing 29,296.88 square feet or 0.6726
acres of land, more or less. '
Field Notes By: Langford Engineering, Inc.
AW
yr:
.... ......................
JOHN A. FAUINO
........................
•.9 22313
a
.- •`���A�Y PU�'�''-
yt �
These Field Notes were made from available
records and do not represent an on the groand
survey made at this time.
Date: January- 11, 1980 -
Job No.: 044 -08 nl.
R. F. B.
Texas Registration No. 22313
Subscribed and Sworn to Befqre Me
this day ofAlip 2! 1979.
N Waxy I %An an or�i rris County, Texas
ley Commission Expires November 30, 1980