Ordinance No. 4,30351021 -10
ORDINANCE NO. 4303
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE
OFFERS FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE
OWNERS OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION
OF A CERTAIN TRACT DESCRIBED HEREIN REQUIRED FOR AN
UNDERGROUND WATER AND SEWER UTILITY EASEMENT; REQUIRING
THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS;
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION
PROCEEDINGS IN THE EVENT SUCH OFFERS ARE 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 tract described below; 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
the offers listed below to the below named owners, or other parties in interest
believed to be the true owners of said property or to the actual real and true
owners thereof, whether correctly named or not, for the purchase and acquisition by
the City of Baytown of an underground water and sewer easement interest in the
said tract that is required for water and sewer improvement purposes within the
City of Baytown:
A sixteen (16) foot wide easement along the North side of an
8.00 acre tract in James Singleton Survey, Abstract No. 709,
Harris County, Texas, shown as Tract C -25 on the City of
Baytown Tax Map.
OWNERS OFFER
Joe Sinclair $11,530.00
Dan Mundinger
Ronald G. Hechler and
Leonard J. Twardowski
Section 2: Such offers shall provide that if the offers should not be accepted
within fifteen (15) days after receipt, the City of Baytown will consider such offers
refused and will institute condemnation proceedings on behalf of the City for
Baytown under any applicable provisions of the law, whether provided by Chapter 21
of the Texas Property Code, Chapter 17 of Title 2B of the Texas Revised Civil
Statutes, the Charter of the City of Baytown, or any other provisions.
51024 -10a
Section 3: Should such offers be accepted, the money above sets forth shall
be paid out of any appropriation heretofore made for the public purpose for which
the above described tracts are required. Should such offers not be accepted, the
amount finally awarded to the owners in the condemnation proceeding, plus costs,
fees, and expenses, shall be paid out of such funds so appropriated.
Section 4: 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 October, 1985.
T O. HUTTO, Mayor
ATTEST:
l) `
T�
ILEEN P. LL, City Clerk
APPR U:
ON M6LEMORES Assistant City Attorney
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THE STATE OF TEXAS §
§ EASEMENT
COUNTY OF HARR I S §
KNOW ALL MEN BY THESE PRESENTS:
THAT GRANTORS, JOE SINCLAIR, DAN N1_1NDINGER, RONALD G.
HECHLER AND LEONARD J. TWARE)OWSKI, of the County of Harris, State
of Texas, for and in consideration of the sum of TEN AND NO /100
DOLLARS, ($10.00), and other good and valuable ccnsideration paid
by the Grantee herein named, the receipt of which is hereby
acknowledged, have GRANTED, SOLD and CONVEYED and by these
presents do hereby GRANT, SELL and CONVEY unto the City of
Baytown, a municipal corporation located in the County of Harris,
State of Texas, its successors and assigns an underground water
and sewer utility easement across and under the following
described tract of real property located in Harris County, Texas:
SEE ATTAL'HED EXH I B I T "A"
TO HAVE AND TO HOLD the above described premises, together
with all and singular, the rights and appurtenances thereto in
anywise belonging, together with the rights of ingress and egress
to and from said easement far the purpose of constructing,
inspecting, repairing, maintaining and removing utility lines and
structures unto the said CITY OF BAYTOWN, its successors and
assigns forever.
Grantors agree to bind themselves, their successors and
assigns to WARRANT and FOREVER DEFEND the said easement unto the
said CITY OF BAYTOWN, its successors and assigns against every
person whomsoever lawfully claiming or to claim the same or any
part thereof.
1985.
EXECUTED, this the day of ,
JOE 5 NCL R, Grantor
DAN PUNDIMM, Grantor
57MM1.1"M
51024 -10c
RONALD G. HECHLERf Grantor
LEONARD J. TWARDOWSKI, Grantor
THE STATE OF TEXAS .
COUNTY OF HARKIS .
BEFORE NE, the undersigned authority, a Notary Public in and
for Harris County, Texas, on this day personally appeared JOE
SINCLAIR known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged tome that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL of office this the
day of , 1985.
(NOTARY SEAL)
THE S TATE OF TEXAS .
COUNTY OF HARK I S
RDTARY PUBLIC IN AND FOR
TF-E STATE OF T E X A S
Print Name and Commission
Expiration Date
BEFORE NE, the undersigned authority, a Notary Public in and
for Harris County, Texas, on this day personally appeared DAN
MJNDINGER known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY FV% D AND SEAL of office this the
day of , 1985.
NOTARY PURL IC IN AND FOR
(NOTARY SEAL) THE STATE OF T E X A S
Print Name and Commission
Expiration Date
51024 --10d
THE STATE OF TEXAS :
COUNTY OF HARRIS :
BEFORE NE, the undersigned authority, a Notary Public in and
for Harris County, Texas, on this day personally appeared RONALD
G. HECHLER known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL of office this the
day of , 1985.
( NOTARY SEAL)
THE STATE OF TEXAS .
COUNTY OF HARR I S .
NOTARY PUBL I C I N AND FOR
THE STATE OF T E X A S
Print Name and Commission
Expiration Date
BEFORE NE, the undersigned authority, a Notary Public in and
for Harris County, Texas, on this day personally appeared LEONARD
J. TWARDOW SKI known to me to be the person whose narne is
subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL of office this the
day of , 1985.
FUTARY PJBLIC IN AND FOR
( NDTARY SEAL) THE STATE OF T E X A S
Print Name and Corrrni s s i on
Expiration Date
51024 -10e
UNDERGROUND UTILITY EASEMENT
BEING a tract or parcel of land containing 0.306 acres in the James
Singleton Survey, Abstract No. 709, Harris County, Texas and lying
wholly in that 8.00 acre tract, save and except the West 10 feet of said
8.00 acres, conveyed for the improvement of North Main Street; said 8.00
acres described in deed from R. R. Brown et ux to Henry Lanke, dated
September 21, 1926, filed for record in the Office of the County Clerk
of Harris County, Texas on February 2, 1946 under Harris County Clerk
File No. 299237, said 0.306 acre tract for use as a 16.0 foot wide
utility easement by the City of Baytown, said easement being more partic-
ularly described by metes and bounds as follows:
BEGINNING at a one -half inch steel rod in the point of intersection of
the East right -of -way line of North Main Street with the North line of
the aforesaid 8.00 acre tract;
THENCE North 79° 27' 20" East along the North line of the aforesaid 8.00
acre tract for a distance of 832.85 feet to a one -half inch steel rod
for a corner in the West right -of -way line of Harris County Flood Con-
trol District Drainage Ditch 0105- 04 -00, said one -half inch steel rod
being the Northeast corner of the aforesaid 8.00 acre tract and the
Northeast corner of the said 0.306 acre tract;
THENCE South 00° 48' 28" East along the West right -of -way line of the
aforesaid drainage ditch for a distance of 16.23 feet to a point for a
corner, said point being the Southeast corner of the said 0.306 acre
tract;
THENCE South 79° 27' 20" West parallel to the North line of the afore-
said 8.00 acre tract for a distance of 833.24 feet to a point for a
corner in the East right -of -way line of North Main Street, said point
being the Southwest corner of the said 0.306 acre tract;
THENCE North 00° 34' 00" East for a distance of 16.31 feet to the POINT
OF BEGINNING, said point being the Northwest corner of the easement
tract containing 0.306 acres of land, more or less.
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