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Ordinance No. 3,58530310 -9 ORDINANCE NO. 3585 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE ACQUISITION OF CERTAIN PROPERTY IN BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby approves a Contract with Harris County Flood Control District for the acquisition of certain property in Baytown, and authorizes the Mayor and City Clerk of the City of Baytown to execute and attest to said Contract. A copy of said contract is attached hereto, marked Exhibit "A ", and made a part hereof for all intents and purposes. Section 2: That 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, this the ZC day of - -';t�j ez � , 1983. TT O. HUT O, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: RANDALL B. STRONG, Cit ttorney 30310 -9a THE STATE OF TEXAS i COUNTY OF HARRIS 0 This Agreement is made and entered into this day of , 1983, by and between the Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, hereinafter called the "District" and the City of Baytown, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called the "City". WHEREAS, the City contemplates acquiring certain parcels of real property for the purpose of extending Rollingbrook Drive from Decker Drive to Garth Road, WHEREAS, the District has determined that drainage facilities for flood control purposes are necessary to drain the area in the vicinity of the pro- posed extension of Rollingbrook Drive. WHEREAS, the City and the District have determined that it would be in their common interests and to their mutual benefit if the City acquired both the property desired by the City and the District, and the District purchased the property needed for drainage facilities from the City. NOW THEREFORE, the District and the City, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows; ARTICLE I The city will undertake acquisition of the property, more completely described in Exhibit A, desired by the District in connection with the drainage facilities needed to serve the area in the vicinity of the proposed extension of Rollingbrook Drive. 30310 -9b ARTICLE II After the City has acquired the property described in Exhibit A, the City shall execute, acknowledge and deliver to the District a general warranty deed conveying to the District the property described in Exhibit A. The general warranty deed will convey fee simple title to said property and will be in a form acceptable to the County Attorney. ARTICLE III After the City has executed, acknowledged and delivered the general warranty,deed described in Article II, the County Attorney shall examine the title to the property. If the County Attorney has any objection to the title or makes any additional requirement of the City regarding title, the City shall have 30 days to cure any defects or meet any requirements of the County Attorney. If the City fails to meet any requirement or cure any defect within 30 days, the District shall have the right to return the general warranty deed to the City and thereafter shall have no further obligation to the City. ARTICLE IV Within 30 days after the County property described in Exhibit A, the property described in Exhibit A the commission if City proceed to condemn whichever total figure is lower. Attorney approves the title to the District will pay the City for the sum of $37,000.00, op the award of ation plus Cities reasonable expenses, V If the Commissioners award exceeds the sum of $37,000.00 the parties hereto may rescind this Agreement. EXECUTED this day of APPROVED AS TO FORM: MIKE DRISCOLL COUNTY ATTORNEY By: Rock W. A. Owens Assistant County Attorney ATTEST: 30310 -9c HARRIS COUNTY FLOOD CONTROL DISTRICT By: Jon Lindsay, County Judge Harris County, Texas THE CITY OF BAYTOWN, TEXAS By: Emmett 0. Hutto, Mayor City of Baytown AUDITORS CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of the Harris County Flood Control District under this contract. By: J. S. Flack, Co. Auditor 30310 -9d. THE STATE OF TEXAS 4 COMMISSIONERS COURT ORDER COUNTY OF HARRIS On this, the day of , 1983 the Commissioners Court of Harris County, Texas, being duly convened at a regular meeting of the Court, sitting as the governing body of the harris County Flood Control District, upon motion of Commission , seconded by Commissioner , duly put and carried, IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby authorized to execute an Agreement between the Harris County Flood Control District and the City of Baytown, Texas for the acquisition of certain tracts of land between Decker Drive and Garth Road needed for future drainage improvements upon the terms, and conditions provided for in the said Agreement, which Agreement is hereby referred to and made a part hereof for all purposes a though set out in full herein. 30310 -9e EXHIBIT A FIELD NOTES: ROLLINGBROOK DRIVE - HANCE BUSCH, ET AL TO CITY OF BAYTOW - 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, at 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 abovementioned 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 D170848; THENCE North O1 °17'51" West with the East line of said Busch tract and the West line of the Conder tract a distance of 1151.81 feet to the North line of Rollingbrook Drive (proposed); THENCE with the North line of Rollingbrook Drive (proposed) a curve to the right having a radius of 1201.36 feet, a curvilinear distance of 0.14 feet to the point of tangency; THENCE South 88 030'13" West with the North line of Rollingbrook Drive (proposed) a distance of 1788.76 feet to the point of contact of a curve to the left; THENCE continuing with the North line of Rollingbrook Drive (proposed) a curve to the left having a radius of 3040.00 feet, a curvilinear distance of 75.68 feet to the POINT OF BEGINNING of the herein described tract; THENCE North 04 003'13" West a distance of 829.56 feet to a point situated in the South line of 100 foot Humble Oil and Refining Company Fee Strip; THENCE South 88 050'36" West with the South line of 100 foot Humble Oil and Refining Company Fee Strip a distance of 120.15 feet to a point; THENCE South 04 003'13" East a distance of 835.64 feet to the North line of Rollingbrook Drive (proposed); THENCE Easterly with the North line of Rollingbrook Drive (proposed) a curve to the right having a radius of 3040.00 feet (chord bearing North 85 °56147" East) a curvilinear distance of 120.01 feet to the POINT OF BEGINNING enclosing a tract of land containing 2.2926 acres, more or less.