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Ordinance No. 6,965940324 -12 ORDINANCE NO. 6965 • 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 CERTAIN TRACTS DESCRIBED HEREIN REQUIRED FOR A TEMPORARY CONSTRUCTION EASEMENT AND A SANITARY SEWER 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 tracts 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 the fee interest in the said tracts that are required for a temporary construction easement and a sanitary sewer easement within the City of Baytown: SEE ATTACHED EXHIBITS "A," "B," AND "C" 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 of Baytown under any applicable provisions of the law, whether provided by Chapter 21 of the Texas Property Code, Chapter 251 of the Local Government Code, the Charter of the City of Baytown, or 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 purposes 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 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 council meeting, 1994. d& Cr- PETE C. AL O, Mayor • ATTEST: EIL'EEN P. L, City Clerk A ., -City Attorney �c.u��o�sroorm��ort 940324 -12a 940324 -12b • METES AND BOUNDS DESCRIPTION 20 FOOT WIDE TEMPORARY CONSTRUCTION BASEMENT OUT OF A 0.9674 ACRE TRACT LOCATED IN THE NATHANIEL LYNCH SURVEY, A -44 HARRIS COUNTY, TEXAS • Being a tract or parcel of land containing 0.132 acre (5,729 square feet), more or less, out of a called 0.9674 acre tract described by General Warranty Deed from Allen E. Russell, Trustee to Humble Oil and Refining Company recorded in Clerk's File Number D051215 of the Real Property Records of Harris County, Texas, located in the Nathaniel Lynch Survey, Abstract 44, Harris County, Texas, said 0.132 acre tract being a 20 foot wide temporary construction easement more particularly described as follows (Bearings based on the right -of -way of Interstate Highway 10): COMMENCING at a Concrete Monument with Brass Disk found at the intersection of the easterly transitional right -of -way line of Interstate Highway 10 (width varies) with the east right -of -way line of Crosby - Lynchburg Road, from which a 5/8 inch iron rod found at the northwest corner of aforesaid called 0.9674 acre Humble Oil tract bears North 18 degrees 44 minutes 30 seconds East (called North 18 degrees 27 minutes East) a distance of 66.00 feet; THENCE, South 77 degrees 44 minutes 45 seconds East, a distance of 10.06 feet to the POINT OF BEGINNING of the herein described tract; THENCE. South 77 degrees 44 minutes 45 seconds East, a distance of 20.13 feet to a corner; THENCE, South 05 degrees 46 minutes West, a distance of 27.23 feet to an angle point; THENCE, South 32 degrees 20 minutes East, a distance of 86.27 feet to an angle point; THENCE, South 79 degrees 45 minutes East, a distance of 156.13 feet to the east line of aforesaid 0.9674 acre tract; THENCE, South 10 degrees 15 minutes West, a distance of 20.00 feet along the east line of said 0.9674 acre tract to the northeast corner of a proposed 10 foot wide sanitary sewer easement, from which a 5/8 inch iron rod found at the southeast corner of said 0.9674 acre tract in the north right -of -way line of aforesaid Interstate Highway 10, bears South 10 degrees 15• minutes West, a distance of 10.00 feet; EXHIBIT A Page 1 of 2 940324 -12c . THENCE, North 79 degrees 45 minutes West, a distance of 164.91 feet along the north line of said 10 foot sanitary sewer easement to an angle point; THENCE, North 32 degrees 20 minutes West, a distance of 101.96 feet along the northeasterly line of said 10 foot sanitary sewer easement to an angle point; THENCE, North 05 degrees 46 minutes East, a distance of 36.41 feet along the northeasterly line of said 10 foot sanitary sewer easement to the POINT OF BEGINNING and containing 0.132 acre (5,729 square feet) of land, more or-less. ,lob Number 2006 December 21, 1992 0 EXHIBIT A Page 2 of 2 ............. .............. 4408 v �ESS10' O SURV 940324 -12d METES AND BOUNDS DESCRIPTION 10 FOOT WIDE SANITARY SEWER EASEMENT OUT OF A 0.9674 ACRE TRACT LOCATED IN THE NATHANIEL LYNCH SURVEY, A -44 HARRIS COUNTY, TEXAS Being a tract or parcel of land containing 0.072 acre (3,117 square feet), more or less, out of a called 0.9674 acre tract described by General Warranty Deed from Allen E. Russell, Trustee to Humble Oil and Refining Company recorded in Clerk's File Number D051215 of the Real Property Records of Harris County, Texas, located in the Nathaniel Lynch Survey, Abstract 44, Harris County, Texas, said 0.072 acre tract being a 10 foot wide sanitary sewer easement more particularly described as follows (Bearings based on the right -of -way of Interstate Highway 10): BEGINNING at a Concrete Monument with Brass Disk found at the intersection of the easterly transitional right -of -way line of Interstate Highway 10 (width varies) with the east right -of -way line of Crosby - Lynchburg Road, from which a 5/8 inch iron rod found at the northwest corner of aforesaid called 0.9674 acre Humble Oil tract bears North 18 degrees 44 minutes 30 seconds East (called North 18 degrees 27 minutes East) a distance of 66.00 feet; THENCE, South 77 degrees 44 minutes 45 seconds East, a distance of 10.06 feet to a corner; THENCE, South 05 degrees 46 minutes West, a distance of 36.41 feet to an angle point; THENCE, South 32 degrees 20 minutes East, a distance of 101.96 feet to an angle point; THENCE, South 79 degrees 45 minutes East, a distance of 164.91 feet to the east line of aforesaid 0.9674 acre tract; THENCE, South 10 degrees 15 minutes West, a distance of 10.00 feet to a 5/8 inch iron rod found at the southeast corner of said 0.9674 acre tract in the north right -of -way line of aforesaid Interstate Highway 10; THENCE, North 79 degrees 45 minutes West, a distance of 169.30 feet (called North 79 degrees 14 minutes West, 175.00 feet) along the north right -of -way line of said Interstate Highway 10 to a 5/8 inch iron rod found at an angle point; • EXHIBIT B Page 1 of 2 940324 -12e • THENCE, North 32 degrees 20 minutes Went, a distance of 109.80 feet (called North 30 degrees 13 minutes West, 104.96 feet) along the transitional right -of -way line of said Interstate Highway 10 to a Concrete Monument with Brass Disk found at an angle point; THENCE, North OS degrees 46 minutes East, a distance of 41.00 feet along the transitional right -of -way line of said Interstate Highway 10 to the POINT OF BEGINNING and containing 0.072 acre (3,117 square feet) of land, more or less. Job Number 2006 December 21, 1992 0 EXHIBIT B Page 2 of 2 NEIL R RENO ................. `ro 4408 lo 1_S I a�4 940324 -12f BBBIBIT "C" Farouk Barbandi 4301 Garth, Suite 300 Baytown, Texas 77521 Offer for temporary construction easement: $1,432.25 Offer for sanitary sewer easement: $1,558.50 40 kgsV- hMRBANDI