Ordinance No. 3,52621122 -16
ORDINANCE NO. 3526
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE
AN OFFER FOR AND IN BEHALF OF THE CITY OF BAYTOWN,
FOR FORTY FIVE THOUSAND FOUR HUNDRED SIX & NO 1100
($45,406.00) DOLLARS TO THE OWNERS, OR OTHER
PARTIES IN INTEREST FOR THE ACQUISITION OF A TRACT
DESCRIBED HEREIN TO BE USED 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 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 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 Forty Five Thou-
sand Four Hundred Six & No /100------- - - - - -- ($45,406.00) Dollars
to N.H. Conder, Trustee, 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
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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 Texas Revised Civil Sta-
tutes, 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 22nd day of
November , 1982.
EMMETT O. HUTT , Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, Cit ttorney
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FIELD NOTES: ROLLINGBROOK DRIVE RIGHT -OF -WAY, N. H. CONDER, TRUSTEE, TO CITY
OF BAYTOWN
BEING a tract or parcel of land out of the Harvey Whiting Survey, A -840, Harris'
County, Texas, being a part of that certain 34.838 acre tract of land conveyed
to N. H. Conder, Trustee, by deed recorded under Harris County Clerk's File
Number D 170848 and being more particularly described by metes and bounds as
follows:
BEGINNING at a point in the West right -of -way line of Garth Road, said
point being the Southeast corner of a 11.0387 acre tract previously
conveyed to Citizens Bank and Trust Company of Baytown, Texas, by deed
recorded under Harris County Clerk's File Number G 575729;
THENCE South 88c'3011311 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 Westerly 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 °15'49" 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, said
corner located in the West line of the abovementioned 34.838 acre tract;
THENCE North 88"30113" East a distance of 0.14 feet to the point of contact
of a curve to the left;
THENCE Easterly with a curve to the left having a radius of 1281.36 feet,
a curvilinear distance of 362.98 feet to the point of tangency of said curve;
THENCE North 72'16'23" East a distance of 100.00 feet to the point of contact
of a curve to the right;
THENCE Easterly with a curve -to the right -- having a radius of 950.45 feet, a
curvilinear distance of 269.24 feet to the point of tangency of said curve;
THENCE North 88'30'13" East a distance of 169.96 feet to the West right -of -way
line of Garth: Road;
THENCE North 1 °17'35" West with the West right -of -way line of Garth Road a
distance of 50.00 feet to the POINT OF BEGINNING, enclosing a tract of land
containing 0.5212 acres, more or less.
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