Ordinance No. 3,37920513 -4
ORDINANCE NO. 3379
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND IN BEHALF OF THE CITY OF BAYTOWN, FOR SIX
HUNDRED SIXTY ONE & No /100 ($661.00) DOLLARS TO THE
OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUI-
SITION 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 purpose; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the City Attorney be, and he is hereby
authorized and directed to make an offer of Six Hundred
Sixty One & No /100 ($661,00) Dollars for the said tract
above described, to Stephen Neihaus and Ann Neihaus, 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 acquisi-
tion by the City of Baytown of the easement interest in the
said tract that is required for an underground utility
easement for the Glen Meadow Drainage Project.
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
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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 Civil 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 re-
quired. 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
May , 1982.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. RORNG, Cit ttorney
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EXHIBIT "A"
BEING a tract or parcel of land containing 0.025 acres of
land in the J. W. Singleton Survey, Abstract No. 709 and
lying wholly within that certain 0.406 acre tract labeled as
Lot 17, Section 3 of the Glen Meadow Subdivision as recorded
in Volume 156, Page 75, on October 23, 1968, in the Harris
County Map Records, said 0.025 acres being a 10.0 foot wide
utility easement and which is more particularly described by
metes and bounds as follows:
BEGINNING at the Northwest corner of Lot 17, Section 3
of Glen Meadow Subdivision as referenced above;
THENCE South 90 12' 42" East a distance of 149.57' to
the Point of Beginning;
THENCE North 800 47' 18" East along a line that is
10.0' North and parallel to the South property line of
Lot 17, a distance of 111.25' to a point on the West
Right -of -Way line of Long Meadow Drive;
THENCE in a Southeasterly direction with a curve to the
right along the West Right -of -Way line of Long Meadow
Drive having a radius of 55.05' and curvilinear distance
of 9.31' to the Point of Tangent;
THENCE South 90 12' 42" East a distance of 0.78' to a
point for a corner called the Southeast corner of Lot
17;
THENCE South 800 47' 18" West along the South property
line of Lot 17 a distance of 110.0' to a point on the
{Pest property line of the above mentioned subdivision
and lot;
THENCE North 90 12' 42" West along the West boundary
line of the above mentioned subdivision and lot a
distance of 10.0' to the Point of Beginning, being a
tract of land containing 0.025 acres of land, more or
less.