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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 00626 -4a 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: 00626 -4b E X H I B I T "A" 00626 -4c 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; 00626 -4d 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.