Ordinance No. 3,38120513 -6
ORDINANCE NO. 3381
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND IN BEHALF OF THE CITY OF BAYTOWN, FOR ONE
THOUSAND SIX HUNDRED EIGHT & 52/100 ($1,608.52) 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 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 One Thousand Six
Hundred Eight & 52/100 ($1,608.52) Dollars for the said
tract above described, to Starett's, Inc., 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 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 conss.der such offer refused and
will institute condemnation proceedings.
Section 3: In the event tha` such offer is refused, either
expressly or by failure of the owner to unconditionally accept
the same within the time specified, the City Attorney
20513 -Ga
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 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 May , 1982.
EMMETT 0. UTTO, Mayor
ATTEST:
EILEEN P. HA L, City Clerk
APPROVED:
eRANDA—L--rL-4B(. T ONG, Ci ttorney
IN
PARCEL I 20513 -6b
Being a tract or parcel of land containing 0.074 acres
?of land in the J. W. Singleton Survey, Abstract No, 709, and
lying wholly within that certain. 3.08 acre tract labeled A-
at
according to the City of Baytown Tax Riap and Records,
foot wide drainage easement
said 0.074 acres being a 20.0
described by metes and bounds
and which is more particularly
as follows:
BEGINNING at a 5/8 inch iron rod marr1i_ng the Northeast
corner of a certain 1.0-;" acre tract as conveyed to
Houston Lighting & Power on September 10, 1970 and
recorded on Film Code 120 -32 -1726 through 120 --32 -1728
(Vol. 8140, Page 121) of the Deed Records of Harris
County, Texas;
THENCE South 120 03' 50" East along the East line of
said 1.077 acre tract of land a distance of 79.26 feet
to the Point of Beginning;
THENCE South 110 30' 00" East along the Nest property
line of the Glen Meadow, Section III Subdivision as
recorded in the Harris County Map Records in Vol. 156,
Page 75 on October 23, 1968, a distance of 162.0 feet
to a point called the Southeast corner of the easement;
THENCE South 780 30' 00" West a distance of 20.0 feet
to a point called the Southwest corner;
THENCE North 110 30' 00" West along a line that is 20
feet West of and parallel -to the West property line of
the Glen Meadow, Section III ,Subdivision a distance of
162.04 feet to'a point on the South property line of
the.1.077 acre tract of Houston Lighting & Power;
THENCE North 780 37' 40" East along the South Houston
Lighting and Power property line a distance of 20.0
feet to the Point of Beginning, being a tract of land
containing 0.074 acres of land, more or less.
PARCEL II
BEING a tract or parcel of land containing 0.239 acres of
land in the J. W. Singleton Survey, Abstract No. 709 and
lying wholly within that certain 4.99 acre tract labeled A-
43 according to the City of Baytown Tax Map and Records,
said 0.239 acres being a 20.0 foot wide drainage easement
and which is more particularly described by metes and bounds
as follows:
BEGINNING at a 5/8 inch iron rod called the Point of
Beginning marking the Northeast corner of a certain
1.077 acre tract of land as conveyed to Houston Lighting
and Power on September 10, 1970 and recorded on Film
Code 120 -32-1726 through 120 -32 -1728 (Vol. 8140, Page
121) of the Deed Records of-Harris County, Texas;
THENCE South 780 14130" West along the North Houston
Lighting and Power property line a distance of 20.0
feet to a point called the Southwest corner;
THENCE North 120 03' 50" West along a line that is 20.0
feet West of and parallel to the East property line of
Tract A--43 a distance of 520.05 feet to a point for a
corner;
THENCE North 780 23' 10" East a distance of 20.0 feet
to a point called the Northeast corner of Tract A -43;
THENCE South 120 03' 50" East along the East property
line of said tract a distance of 520.0 feet to the
Point of Beginning, being a tract of land containing
0.239 acres of land, more or less.
EXHIBIT "A"