Ordinance No. 3,18110611 -12
ORDINANCE NO. 3151
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, FOR TWO
THOUSAND & N01100 ($2,000.00) 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; YOW 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 and
No /100 ($2,000.00) Dollars for the said tract above described,
to W. T. Willard and Linda Jo Willard, 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
10611 --12a
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 llth day
of June , 1981.
1�. r- • HUTTO, Mayor-
ATTEST:
c
EILEEN P. HALL, City Clerk
APPROVED:
RAN B. STRONG, City torney
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E X I I I B I T "A"
ALL THAT CERTAIN 0.0689 ACRE (3,000 SQUARE FEET) PARCEL
OF LAND LOCATED IN THE NATHANIEL LYNCH SURVEY, ABSTRACT
NO. 44, HARRIS COUNTY, TEXAS, ALSO BEING OUT OF AND A
PART OF THAT CERTAIN WILLIAM T. WILLARD AND LINDA JO
WILLARD 1.47 ACRE TRACT OF LAND, AS RECORDED IN THE
REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS, UNDER
CLERK'S FILE NO. E893999 (FILM CODE NO. 149 -07-- 0381);
SAID 0.0689 ACRE (3,000 SQUARE FEET) PARCEL OF LAND
BEING A 10 FOOT WIDE PUBLIC UTILITY EASEMMENT WITH ONE
20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LOCATED
ADJACENT TO AND ON THE NORTH SIDE OF THE AFOREMENTIONED
10 FOOT WIDE PUBLIC UTILITY EASEMENT AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at the Southwest property corner of the W. T.
Willard 1.47 acre tract of land; said point also being 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 Volume 35, page 23 of the map records of Harris
County, Texas;
THENCE, along the'most Westerly line of the W. T. Willard
1.47 acre tract, North 00 degrees, 47 minutes, 00 seconds
East a distance of 10.00 feet to a point;
THENCE, South 89 degrees, 13 minutes, 00 seconds East a
distance of 300.00 feet to a point in the West right -of --way
line of Bayway Drive;
THENCE, Southerly along the West right -of -way line of Bayway
Drive, South 00 degrees, 47 minutes, 00 seconds West a
distance of 10.00 feet to a point; said point being the
Southeast property corner of the aforementioned W. T.
Willard 1.47 acre tract;
THENCE, along the South property line of the aforesaid 1.47
acre tract, North 89 degrees, 13 minutes, 00 seconds West a
distance of 300.00 feet to the point or PLACE OF BEGINNING
and containing 3,000 square fee or 0.0689 acres of land more
or less.