Ordinance No. 3,41720624 -10
ORDINANCE NO. 3417
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR
$110,244.00 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 ACCEPT-
ED 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, TEXAS:
Section 1: That the City Attorney be and he is hereby
authorized and directed to make an offer of $110,244.00
Dollars to Citizen Bank & Trust Company, a banking corporation,
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
-'4 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,
20624 -10a
on 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 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 24th day of
June , 1982.
I • • s
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, Cit Attorney
W,
Mp ersY+ammI^
EXHIBIT "A
20624 -1Oc
BUSCH,
HUTCHISON &
ASSOCIATES,
INC. CONSULTING ENGINEERS
1107 FLEETWOOD DRIVE
BAYTOWN. TEXAS 77520 PHONE (713) 422 -8213
3333 EASTSIDE, SUITE 265 HOUSTON, TEXAS 77098 (713) 523 -2367
June 15, 1982
FIELD NOTES: ROLLINGBROOK DRIVE -HANCE BUSCH, ET AL TO CITY OF BAYTOWN -
120 FOOT DITCH RIGHT-OF-WAY
BEING a parcel or tract of land out of the William Scott Survey A -66, Harris County,
Texas, and being part of that certain tract of land known as the E. K. Busch estate
and being described by deed recorded in Volume 110, Page 385 of the Deed Records of
Harris County, Texas, and being more particularly described by metes and bounds
as follows:
COMMENCING at a point in the East line of the above mentioned Busch tract,
said point being located at the Southwest corner of a 34.838 acre tract of
land conveyed to N. H. Conder, Trustee, by deed recorded under Harris County
Clerk's File Number D 170848;
THENCE North 01 °17'51" West with the East line of the said Busch tract and
the West line of the said Conder tract a distance of 1071.81 feet to the
South line of Rollingbrook Drive (proposed);
THENCE South 88 °30'13" West with the South line of Rollingbrook Drive
(proposed) a distance of 1788.62 feet to the point of contact of a
curve to the left;
THENCE continuing with the South line of Rollingbrook Drive (proposed) a
curve to the left having a radius of 2,960 feet, a curvilinear distance
of 72.11 feet to the POINT OF BEGINNING of the herein described tract;
THENCE South 04 °03'13" East a distance of 568.96 feet;
THENCE South 31 °29'56" West a distance of 1007.43 feet;
THENCE South 32 019'00" West a distance of 161.21 feet to the East line of a
13.3 acre tract of land previously conveyed to the City of Baytown by deed
recorded under County Clerk's File Number D 596854;
THENCE North 68 033'32" West with the East line of the City of Baytown tract
a distance of 5.86 feet;
THENCE continuing with the East line of the City of Baytown tract North
46 °12'26" West a distance of 35.26 feet;
THENCE continuing with the East line of the City of Baytown tract North
23 °35'56" West a distance of 7.49 feet;
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Page 2
Field Notes: Rollingbrook Drive - -Hance Busch, et al to City of Baytown -
120 Foot Ditch Right --of -way
THENCE continuing with the East line of the City of Baytown tract North
04 028'29" West a distance of 122.70 feet;
THENCE North 32 019'00" East a distance of 51.98 feet;
THENCE North 31 029'56" East a distance of 968.10 feet;
THENCE North 04 003'13" West a distance of 530.49 feet to the South line of
Rollingbrook Drive (proposed);
THENCE Easterly with the South line of Rollingbrook Drive (proposed) a curve
to the right having a radius of 2,960 feet (chord bearing North 85 °56'47"
East) a curvilinear distance of 120.01 feet to the POINT OF BEGINNING enclosing
a tract of land containing 4.5766 acres, more or less.
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20624 -10e
BUSCH,
HUTCHISON
& ASSOCIATES,
INC. CONSULTING ENGINEERS
1107 FLEETWOOD DRIVE
BAYTOWN, TEXAS 77520 PHONE {713) 422 -8213
3333 EASTSIDE, SUITE 265 HOUSTON, TEXAS 77098 1713) 523 -2367
June 17, 1982
FIELD NOTES: ROLLINGBROOK DRIVE - DANCE BUSCH, ET AL TO CITY OF BAYTOWN --
STREET RIGHT -OF -WAY
BEING a parcel or tract of land out of the William Scott Survey A -66, and the
Harvey Whiting Survey, A -840, Harris County, Texas, and being a part of that
certain tract of land known as the E. K. Busch estate and being described by
deed recorded in Volume 110, Page 385 of the Deed Records of Harris County, Texas,
and being more particularly described by metes and bounds as follows:
BEGINNING at a point in the East line of the abovementioned Busch tract,
said point being located North 1 °17''51" West a distance of 1,071.81 feet
from the Southwest corner of a 34.838 acre tract of land conveyed to
N. H. Conder, Trustee, by deed recorded under Harris County Clerk's
File Number D 170848;
THENCE South 88 030'13" West a distance of 1,788.62 feet to the point of
contact of a curve to the left;
THENCE Easterly with a curve to the left having a radius of 2,960.00 feet,
a curvilinear distance of 1,014.06 feet to the point of,tangency of said
curve;
THENCE South 68 052'29" West a distance of 449.43 feet;
THENCE South 21 007'31" East a distance of 10.00 feet;
THENCE South 68 °52'29" West a distance of 276.19 feet to the East line
of a 13.3 acre tract of land previously conveyed to the City of Baytown
by deed recorded under Harris County Clerk's File Number D 596854;
THENCE North 20 028'16" West with the East line of the City of Baytown
tract a distance of 73.66 feet to an angle point in said City of Baytown
tract;
THENCE North 48 019'21" West continuing with the East line of the City of
Baytown tract a distance of 29.62 feet;
THENCE North 68 052'29" East a distance of 288.89 feet;
THENCE South 21 007'31" East a distance of 10.00 feet;
THENCE North 68 052'29" East a distance of 449.43 feet to the point of contact
of a curve to the right;
THENCE Easterly with a curve to the right having a radius of 3,040.00 feet,
a curvilinear distance of 304.68 feet to a point;
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Page 2
Field Notes: Rollingbrook Drive - Hance Busch, et al To City of Baytown -
Street Right-of-way
THENCE North 15 °23'05" West a distance of 15 feet;
THENCE Easterly with a curve to the right having a radius of 3,055.00 feet,
a curvilinear distance of 740.53 feet to the point of tangency of said curve;
THENCE North 88 °30'13" East a distance of 622.80 feet to a point;
THENCE South 01 029'47" Fast a distance of 15.00 feet;
THENCE North 88 °30'13" East a distance of 1,165.96 feet to the point of
contact of a curve to the left;
THENCE Easterly with a curve to the left having a radius of 1,201.36 feet,
a curvilinear distance of 0.14 feet to the East line of the abovementioned
E. K. Busch, tract;
THENCE South 1 °17151" East with the East line of said Busch tract a distance
of 80.00 feet to the POINT OF BEGINNING enclosing a tract of land containing
7.024 acres, more or less.
A. J. Busch, Jr. U REc. 471
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