Ordinance No. 3,41620624 -9
ORDINANCE NO. 3416
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR
$145,007.50 DOLLARS TO THE OWNERS OR
OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF
CERTAIN INTEREST IN A TRACT DESCRIBED HEREIN REQUIRED
FOR THE EXTENSION OF ROLLINGBROOK DRIVE, A CITY STREET
FROM GARTH ROAD TO DECKER DRIVE; REQUIRING THAT SUCH
OFFER BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING
THAT 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, TEXAS:
Section 1: That the City Attorney be and he is hereby
authorized and directed to make an offer of $1452007.50
Dollars to the Estate of Hance Busch, 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 fee interest in the said tract that is
required for the extension of Rollingbrook Drive, a city
street, from Garth Road to Decker Drive.
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
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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 fin-
ally 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 24th day of
June 1982.
EMMETT cz—Z.
0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, Cit Clerk
APPROVED:
1
RANDALL B__._ZTRONG, City orney
Irm
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EXHIBIT "A"
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BUSCH,
HUTCHISON &
ASSOCIATES,
INC. CONSULTING ENGINEERS
1107 FLEETWOOD DRIVE
6AYTOWN. TEXAS 77520 PHONE (713) 422 -8213
3333 EASTSIDE. SUITE
265 HOUSTON, TEXAS 77099 [7131 5232367
January 28, 1982
FIELD NOTES: RIGHT-OF-WAY ACQUISITION FOR ROLLINGBROOK DRIVE EXTENSION
. CITIZENS BANK & TRUST COMPANY TO CITY OF BAYTOWN
BEING a parcel or tract of land out of the Harvey Whiting Survey, A -840,
Harris County, Texas, and being a portion of that certain 11.0387 acre tract
conveyed to Citizens Bank and Trust Company of Baytown, Texas, by N. H. Conder,
Trustee by deed recorded under Harris County Clerk's File Number G 575729 and
being more particularly described by metes and bounds as follows:
BEGINNING at the Southeast corner of the abovementioned 11.0387 acre
tract, said point being located in the West right -of --way line of Garth
Road;
THENCE South 88 030113" West with the South line of the said 11.0387 acre
tract a distance of 100.00 feet to the point of contact of a curve to the
left;
THENCE continuing Vesterly with the South line of the said 11.0387 acre
tract, a curve to the left having a radius of 961.81 feet, a curvilinear
distance of 356.55 feet to the point of tangency of said curve;
THENCE South 67 015'49" West continuing with the South line of the said
11.0387 acre tract a distance of 100.00 feet to the point of contact of
a curve to the right;
THENCE continuing with the South line of the said 11.0387 acre tract,
a curve to the right having a radius of 961.81 feet, a curvilinear
distance of 356.55 feet to the Southwest corner of the said 11.0387 acre
tract;
THENCE North 1 017'51" West with the West line of the said 11.0387 acre tract
a distance of 80.00 feet;
THENCE Easterly with a curve to the left having a radius of 1,201.36 feet,
a central angle of 16 °13126 ", a chord length of 339.04 feet, and having a
chord bearing of North 80 023106" East, for a curvilinear distance of
340.18 feet to the point of tangency of said curve;
THENCE North 72016'23" East a distance of 170.13 feet to the point of
contact of a curve to the right;
THENCE Easterly with a curve to the right having a radius of 1040.45 feet,
a curvilinear distance of 294.74 feet to the point of tangency of said
curve;
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Page Two
Field Notes: Right -of -way Acquisition for Rollingbrook Drive Extension
Citizens Bank & Trust Com an to City of Baytown
THENCE North 88 030113" East a distance of 100.17 feet to the East line
of said 11.0387 acre tract, being also the West right -of -way line of
Gartli Road;
THENCE South 1 °17'53" East with the East right --of -way line of Garth Road
a distance of 50.00 feet to the POINT OF BEGINNING, enclosing a tract of
land containing 1.2652 acres, more or less.
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A. J Busch, Jr., " "R/' 471
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