Ordinance No. 3,69831006 -6
ORDINANCE NO. 3698
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR TWO
HUNDRED FIFTY AND NO /100 ($250.00) DOLLARS TO THE OWNER
OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF AN
UNDERGROUND PIPELINE EASEMENT IN TRACT DESCRIBED HEREIN
REQUIRED FOR THE EXTENSION OF A SANITARY SEWER FORCE
MAIN; 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.
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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 an underground pipeline easement in 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 is hereby authorized and directed to make
an offer of TWO HUNDRED FIFTY AND NO /100 ($250.00) DOLLARS to C. Diane
Christenson 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 an underground
pipeline easement in the said tract that is required for the extension of the East
Sewer District Sanitary Sewer Force Main, Grant project C -48 -1497.
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
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.
31006 -6a
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 immediately from and after its
passage by the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 6th day of October, 1983.
ALLEN CANNON, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL ONG, C' Attorney
31006 -6b
A tract or parcel of land in the William Scott Lower
League Abstract No. 65 Harris County, Texas, and being
out of that certain 16.7806 acre tract deeded to
Tewnlake Apartment Associates, by deed recorded under
the Harris County Clerk's File No. E407046, said tract
being described by metes and bounds as follows:
BEGINNING at the Southwest Corner of the iownIake
Apartment 18.7606 acre tract, said corner being in the
northerly line of East James Avenue;
THENCE, north 21 degrees 00 minutes 00 seconds East
347.36 feet to a point in the northeasterly line of a
50 foot Harris County Flood Control easement recorded
in Volume 1985, Page 306 of the Deed Records of Harris
County, Texas;
THENCE, South 23 degrees, 00 minutes, 00 seconds East,
29.89 feet to a point;
THENCE, South 21 degrees 00 minutes 00 seconds West
parallel to and 20 feet from the Westerly line of the
said 18.7806 acre tract a distance of 314.40 feet to a
point;
THENCE, South 71 degrees 07 minutes 49 seconds East
parallel to and 10 feet from the northerly line of East
James Avenue a distance of 586. IS feet to a point from
the beginning of a curve to the left;
THENCE, in a northeasterly direction with said curve
having a central angle of 54 degrees 06 minutes 50
seconds and a radius of 224.83 feet and continuing 10
feet from and parallel with northwesterly lines of East
James Avenue and Kilgore Road a distance of 212.35 feet
to a point;
7HE:I\r--E, South 35 degrees, 14 minutes, 39 seconds, East,
10.0 Feet to a point in the northwesterly Iine of
Kilgore Road;
THENCE, in a Southwesterly direction with a curve to
the right having a central angle of 54 degrees 06
minutes, 50 seconds and a radius of 234.83 feet and
along the northwesterly Iines of Kilgore Road and East
James Avenue a distance of 221.75 feet to a point in
the northerly line of East James Avenue and end of said
curve;
THENCE, North 71 degrees, 07 minutes, 44 seconds West
continuing with the northerly line of East James Avenue
a distance of 603.57 feet to the PLACE OF BECINM1N2 and
containing 0.3380 acres or 14,722 square feet.
EXHIM A