Ordinance No. 4,59961125 -8
ORDINANCE NO. 4599
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER 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 THAT IS REQUIRED FOR
PARK PURPOSES; 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 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 offer listed below to the below named owner,
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 the fee interest in the said tract that
is required for park purposes within the City of Baytown:
SEE ATTACHED EXHIBIT "A"
Owners Offer
Baker III, Ltd. $175,000.00
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 on behalf of the City of
Baytown under any applicable provisions of the law, whether
provided by Chapter 21 of the Texas Property Code, Chapter 17 of
Title 28 of the Texas Revised Civil Statutes, the Charter of the
City of Baytown, or any other provisions.
Section 3: Should such offers 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 proceeding, plus costs,
fees, and expenses, shall be paid out of such funds so
appropriated.
Section 4: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
INTRODUCED,
City Council of
November, 1986.
61125 -8a
READ and PASSED by the affirmative vote of the
the City of Baytown, this the 25th day of
EMMETT 0. HUTTO, Mayor
ATTEST:
i
EILEEN P. HALL, City Clerk
RANDALL B. STRONG, City A rney
C :1 :8:7
61125 -8b
LEGAL DESCRIPTION
Being a tract of land out of the Harvey Whiting Survey, Abstract 840,
Harris County, Texas, being a portion of the 184.849 acre tract conveyed
to Conrad Magoui,rk, Trustee, by Deed filed for record under County Clerk's
File No. D313647, Harris County, Texas, and being more particularly described
by metes and bounds as follows, to -wit:
BEGINNING at the northeast corner of the Green Acres Convalescent
Centers, Inc. 2.114 acre tract filed for record under County Clerk's File No.
E210617, Harris County, Texas, said point also being situated in the West
right -of -way line of Allenbrook Drive and said point also being the most
Easterly Southeast corner of said 184.849 acre tract;
THENCE in a Northwesterly direction with the West right -of -way line of
Allenbrook Drive, a curve to the left having a radius of 1,970.00 feet a
curvilinear distance of 257.56 feet to the Point of Tangency of said curve;
THENCE North 14 °43'1" West continuing with the West right-of-way line of
Allenbrook Drive, a distance of 30.8488 feet to a point for corner of this
tract;
THENCE North 89 053'35" West, a distance of 392.6482 feet, to a point for
corner;
THENCE South 0°06'25" West, a distance of 282.49135 feet, to a point for
corner, said point being the Northwest corner of said 2.114'acre tract;
THENCE South 89 °53'35" East with the North line of the Green Acres
Convalescent Centers, Inc. 2.114 acre tract, a distance of 450.00 feet more
or less to the point of beginning and enclosing 2.7548 acres of land.
EXHIBIT A