Ordinance No. 3,21110813 -8
ORDINANCE NO. 3211
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR
FIFTY EIGHT THOUSAND EIGHT HUNDRED FIVE & N01100
($58,805.00) DOLLARS TO THE OWNERS, OR OTHER PARTIES IN
INTEREST FOR THE ACQUISITION OF CERTAIN INTERESTS IN A
TRACT DESCRIBED HEREIN, FOR A UTILITY EASEMENT; REQUIR-
ING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN (15)
DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNA-
TION 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 FIFTY EIGHT
THOUSAND EIGHT HUNDRED FIVE & NO1100 ($58,805.00) Dollars
for the said tract above described, to R. L. Miller, or
other parties interested or 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 a drainage
easement.
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
on behalf of the City of Baytown under any applicable provisions
of the law, whether provided by Title 52 of the Revised
10813 -8a
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 13th
day of August , 1981.
p
P:4ETT 0. HUT 0, Mayor
ATTEST:
L_
- W--e'
EILEEN P. HALL, City Clerk
APPROVED:
A ALL B. STRONG—, City At ney
n
E X If I B I '1' "A"
T R A C T 1
Being a tract or parcel. of land containing 1.395 acres of Land in the
William Hilbus Survey, Abstract No. 336 and lying wholly within that cer-
tain 2.76 acre tract as conveyed to Rufus Lee and wife, Alma Miller on
May 24, 1946 and recorded in Volume 1666, Page 211, Deed Records, Harris
County, Texas, said 1.395 acres being a 90 foot wide Drainage Easement
and which is more particularly described by metes and bounds as follows: y
EEGINNING at an iron stake in the East right -of -way line of Bayway Drive
and said stake being the Northwest corner of a certain 61,8 acre tract as
recorded in Volume 547, Page 147 in the Deed Records of Harris County, Texas;
THENCE South 02 degrees 00 rriuutes West a distance of 258.3 feet to a point,
said point being the Northwest corner of the said 2.76 acre tract;
THENCE North 90 degrees 00 minutes East a distance of 675.3 feet to a point
for corner, said point being the Northeast corner of the 2.76 acre tract;
THENCE South 01 degrees 31 minutes West a distance of 90.019 feet to a
point for corner;
THENCE South 90 degrees 00 minutes West a distance of 675.0 feet to a point
on the East right -of -way Line of Bayway Drive for a corner;
THENCE North 02 degrees 00 :Minutes East a distance of 90.055 feet to the
Point of Beginning, being a tract of land containing 1.395 acres of land,
more or less
T R A C T
Being a tract or parcel of land containing 2.535 acres of land in the William
Hilbus Survey, Abstract No. 336 and lying wholly within that certain 16.783
acre tract as conveyed to Rufus Lee and wife, Alma Miller on November 12, 1947
and recorded in Volume 1760, Page 326, Deed Records, Harris County, Texas,
said 2.535 acres being a 90 foot wide and 110 foot wide Drainage Easement and
which is more particularly described by metes and bounds as follows:
BEGINNING at an iron stare in the East right -o£--way line of Bayway Drive and
said stake being the Northwest corner of a certain 61.8 acre tract as re-
corded in Volime 547, Page 147 in the Deed Records of Harris County, Texas;
THENCE Sou'Lb 02 degrees 00 minutes West a distance of 258.3 feet to a point;
THENCE North 90 degrees 00 minutes East a distance of 675.3 feet to a. point
called the Point of Beginning;
THENCE North 01 degree 31 minutes East a distance of 260.0 feet to a point,
said point being the Northwest corner of the said 16.783 acre tract;
THENCE North 89 degrees 22 minutes East a distance of 895.80 feet along the
Northern most boundary line of the said 16.783 acre tract to a point for a
corner;
THENCE South 00 degrees 58 minutes East a distance of 90.0 feet along the
East property line;
THENCE South 89 degrees 22 minutes West a distance of 770.0 feet along a
line parallel with the North property line to a point for a corner;
THENCE South 31 degrees 04 minutes 32 seconds West a distance of 42.639
feet to a point for corner;
THENCE South 01 degrees 31 minutes West a distance of 225.0 feet to a point
for corner;
E X H I B I T "A"
Page 2
T R A C T 2
THENCE. South 90 degreos 00 minutes West a distance of 110.0 feet to a point
on the West property line of said 16.783 acre tract for a corner;
THENCE North 01 degree 31 minutes East a distance of 90.019 feet to the
Point of Beginning, being a tract of land containing 2.535 acres of land,
more or less.
E X H I B I T "A"
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