Ordinance No. 2,919[IIlIdd'.!
ORDINANCE NO. 2919
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR SIX
HUNDRED TWENTY -FOUR AND 07/100 ($624.07) DOLLARS TO THE
OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION
OF CERTAIN INTERESTS IN A TRACT DESCRIBED HEREIN REQUIRED
FOR AN UNDERGROUND 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 Six Hundred
Twenty -Four and 07/100 ($624.07) Dollars for the said tract
above described, to Wooster Baptist Church, or other parties
in interest believed to be the true owner of said property,
or to the actual real and true owner 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 underground utility easement for the West
District Sewer Treatment Plant.
Section 2: Such offer shall provide that if the offer
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 owner to unconditionally
accept the same within the time specified, the City Attorney
is hereby authorized to institute condemnation proceedings
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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 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.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this the 26th day
of June , 1980.
METT 0. HUTTO, Mayor
ATTEST:
_ r
EILEEN P. HALL, City Clerk
APPROVED:
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E X H I B I T "A"
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FIELD NOTES
ALL THAT CERTAIN 0.0628 ACRE PARCEL OF LAND OUT OF
THE WOOSTER BAPTIST CHURCH 5.6 ACRE TRACT OF LAND
LOCATED IN THE NATHANIEL LYNCH SURVEY, ABSTRACT 44,
HARRIS COUNTY, TEXAS: AND FILED IN THE HARRIS COUNTY
CLERKS OFFICE IN THE REAL PROPERTY RECORDS AS FILM
CODE NO. 073 -04 -1372; SAID PARCEL BEING A 10 FOOT
WIDE PUBLIC UTILITY EASEMENT WITH TWO (2) 10 FOOT
WIDE TEMPORARY CONSTRUCTION EASEMENTS LOCATED ADJA-
CENT TO AND ON THE NORTH AND SOUTH SIDE OF THE AFORE -
MENTIONED 10 FOOT WIDE PUBLIC UTILITY EASEMENT AS
SHOWN ON AN UNRECORDED MAP ATTACHED HERETO AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at the most southeasterly corner of Lot 9 of Lakewood,
Section "D ", a subdivision of a portion of the Nathaniel Lynch
Survey, in Harris County, Texas, according to the map or plat
thereof, recorded in Vol. 35, page 23 of the map records of Harris
County, Texas;
THENCE, South 53 degrees, 47 minutes, 00 seconds West a distance
of 65.09 feet to a point;
THENCE, North 89 degrees, 43 minutes, 00 seconds West a distance
of 176.03 feet to a point;
THENCE, South 72 degrees, 12 minutes, 00 seconds West a distance
of 30.21 feet to a point, said point being in the West property
line of the Wooster Baptist Church 5.6 acre tract in common with
the Gulf Pipeline 50 foot easement;
THENCE, along the aforementioned common line North 21 degrees, 26
minutes, 00 seconds West a distance of 10.02 feet to a point;
THENCE, North 72 degrees, 12 minutes, 00 seconds East a distance
of 32.44 feet to a point;
THENCE, South 89 degrees, 43 minutes, 00 seconds East a distance
of 174.33 feet to a point;
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THENCE, North 53 degrees, 47 minutes, 00 seconds East a distance
of 69.33 feet to a point, said point being in the easterly property
line of the aforementioned Lot 9;
THENCE, Southerly along the easterly property line of Lot 9, South
00 degrees, 47 minutes, 00 seconds best a distance of 12.52 feet
to the point or PLACE OF BEGINNING, containing 2737.178 square
feet or 0.0628 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: March 7, 1980
Job No.: 044 -15, Contract No. 4
R.F.B.