Ordinance No. 2,85700313 -12
ORDINANCE NO. 2857
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR TWO
THOUSAND THREE HUNDRED FIFTY -FIVE AND 11/100 ($2,355.11)
DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR
THE ACQUISITION OF CERTAIN INTERESTS IN A TRACT DESCRIBED
HEREIN REQUIRED FOR AN UTILITY EASEMENT; 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; 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 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 an offer of Two Thousand
Three Hundred Fifty -Five and 11/100 ($2,355.11) Dollars for
the said tract above described, to Barcelona Enterprises,
Inc., or other parties in interest believed to be the true
owners of said property, or to the actual real and true
owners thereof, whether correctly named or not, for the
purchase and acquisition by the City of Baytown of the
easement interest in the said tract that is required for an
utility easement for a sanitary sewer line.
Section 2: Such offer shall provide that if they
should not be accepted within 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 offer is refused,
either expressly or by failure of the owners to uncondi-
tionally accept the same within the time specified, the City
Attorney is hereby authorized to institute condemnation
00313 -12a
proceedings on behalf of the City of Baytown under any
applicable provisions 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 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 appropirated.
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 13th day
of March , 1980.
ATTEST:
C
EILEEN P. HALL, City Clerk
APPROVED:
}
SCOTT BOUNDS, City Attorney
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00313 -12b
E X H I B I T "A"
FIELD NOTES
FIELD NOTE DESCRIPTION FOR A 0.2629 ACRE PARCEL OF LAND OUT OF
THE BARCELONA ENTERPRISES 6.00 ACRE TRACT IN THE CHRISTIAN SMITH
SURVEY ABSTRACT 69, HARRIS COUNTY, TEXAS
BEGINNING at the Northeast corner of that certain tract of land conveyed
to Barcelona Enterprises by deed recorded in Volume 8079, at page 430
(Harris County Clerk's Film Code 118 -33- ,1012) of Harris County Deed Records
said point being located in the westerly right -of -way line of Crosby -Cedar
Bayou Road and being 1,889.4 feet North of its intersection with the center-
line of Massey-Tompkins Road;
THENCE, South 77 degrees, 30 minutes West along said North line of the
aforementioned 6.00 acre tract a distance of 1,141.4 feet to a point, said
point being on the East right -of -way line of the Southern Pacific Railroad;
THENCE, South 25 degrees, 37 minutes West along the East right --of -way of
Southern Pacific Railroad, a distance of 12.71 feet to a point;
THENCE, North 77 degrees, 30 minutes East a distance of 1,149.31 feet to
a point in the westerly right -of -way of Crosby -Cedar Bayou Road;
THENCE, North 12 degrees, 53 minutes West along the westerly right -of --way
of Crosby -Cedar Bayou Road a distance of 10.00 feet to the POINT OF
BEGINNING containing 11,453.572 square feet or 0.2629 acres of land more or
less.
These field notes were compiled
from available records and do
not represent an on the ground
survey made at this time.
Field Notes by: Langford Engineering, Inc.
Date: January 28, 1980
Job No.: 044 -08, Contract No. 1
R.F.B.