Ordinance No. 3,29111210 -13
ORDINANCE NO. 3291
AN ORDINANCE AUTHORIZI14G THE CITY ATTORNEY TO MAKE
AN OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR
ONE THOUSAND FIVE HUNDRED &. N01100 ($1,500.00) DOLLARS
TO THE OWNERS OR OTHER PARTIES IN INTEREST FOR THE AC-
QUISITION OF CERTAIN INTERESTS IN A TRACT DESCRIBED
HEREIN REQUIRED FOR AN DRAINAGE 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 l: That the City Attorney be, and he is hereby
authorized and directed to make an offer of ONE THOUSAND
FIVE HUNDRED & N01100 ($1,500.00) Dollars for the said tract
above described, to Robert M. Addison, 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 a drainage easement due to insufficient
drainage in the area.
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
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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 hereto-
fore made for the public purpose for which the above descri-
bed tract is required. Should such offer not be accepted,
the amount finally awarded to the owner in the condemnation
proceeding, 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 10th
day of December , 1981.
i
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ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City A rney
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PROPERTY DESCRIPTION
PROPOSED 10 FEET WIDE EASEMENT FROM THE PROPERTY
OF ROBERT M. ADDISON LOCATED AT
1313 McPHAIL STREET, BAYTOWN, HARRIS COUNTY, TEXAS
This property is a parcel of land out of the Hollaway 40 acres in the City of
Baytown out of the J.W. Singleton Survey. This proposed easement is described
by metes and bounds as follows:
BEGINNING at a point on the southeasterly line of the HL &P Company's 50 foot
strip, said point being at the most westerly North corner of that certain tract
heretofore conveyed to Avant, by grantor herein, and said point further de-
scribed as situated South 80 degrees 43 minutes West 522.46 feet and South 27
degrees 12 minutes West 100 feet from the point of intersection of the North
line of Hollaway tract of 40 acres with the West line of Singleton Road, said
point being the most northerly Northeast corner of the Robert M. Addison
property;
THENCE with the southeasterly line of HL &P Company's 50 foot right -of -way,
South 27 degrees 12 minutes West a distance of 13.07 feet to the northwesterly
corner of the proposed 10 feet wide easement;
THENCE South 22 degrees 44 minutes East a distance of approximately 173.58
feet to a point, being the southwesterly corner of the proposed 10 feet wide
easement;
THENCE in a northeasterly direction along the southeast boundary line of said
Addison property a distance of approximately 11.66 feet to the most southerly
Northeast corner of the proposed 10 feet wide easement, said point being the
most southerly Northeast corner of the said Addison property;
THENCE North 22 degrees 44 minutes West a distance of 176 feet to the most
northerly Northeast corner of the proposed 10 feet wide easement to the point
of beginning, containing 1,747.90 square feet of land, more or less.
EXiii51T A 12/10/81
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