Ordinance No. 8,628990708 -4
ORDINANCE NO. 8628
(2e.v:5e�
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
EASEMENTS DESCRIBED HEREIN, WHICH ARE REQUIRED FOR THE
INSTALLATION OF A STORM WATER CONVEYANCE SYSTEM TO IMPROVE
STORM WATER DRAINAGE IN THE ABBE SUBDIVISION AND SURROUNDING
PROPERTIES; REQUIRING THAT SUCH OFFERS BE ACCEPTED WITHIN
FIFTEEN DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINS 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 easements described hereinbelow;
and
WHEREAS, the City Council considers it necessary that the City of Baytown exercise the right of
eminent domain to acquire such easements on private property for the public purpose of providing
drainage improvements to its citizens; 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 easements necessary for a storm water conveyance system
designed to improve the storm water drainage in the Abbe Subdivision and surrounding properties,
including the property subject hereto.
Q AM UNT
EASEMENT � , S IT�RE � O
NO DESCRIPTION FEET_ Y� OWNERO 1E
r, r ..�,.,,.:.
....... i.. i E
OFFERED
Easement No. 1 is a 0.0263 acre
drainage easement out of the William
Bloodgood Augmentation Survey,
1
Abstract No. 5, Baytown, Chambers
1,145 ft2
Ricky and Julie
$ 1,031.00
County, Texas, and is more fully
Fontenot
described in Exhibit "A," which is
attached hereto and incorporated
herein for all intents and purposes
Easement No. 2 is a 16 -foot wide
utility easement comprised of 0.0071
acres out of the William Bloodgood
Augmentation Survey, Abstract No.
Ricky and Julie
2
5, Baytown, Chambers County,
309 ft2
Fontenot
$ 154.00
Texas, and is more fully described in
Exhibit "B," which is attached hereto
and incorporated herein for all intents
and purposes.
990708 -4a
EASEMENT ' SQUARE
DESCRIPTION OWNER , , T� BE
NO FEET
....: ....... .. ....., ....... .. ,. ..,.. ,. ....v.. .w .... ....e . ...,. �..h
OFFERED''
Easement No. 3 is a 10 -foot wide
temporary construction easement
comprised of 0.1660 acres out of the
William Bloodgood Augmentation
Survey, Abstract No. 5, Baytown,
Chambers County, Texas, and is
more fully described in Exhibit "C,"
which is attached hereto and
incorporated herein for all intents and
ses.
7,230 ft'
Ricky and Julie
Fontenot
$ 723.00
Section 2: Such offers shall provide that if the offers should not be accepted within fifteen
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, Texas, 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 the 80' day of July, 1999.
. & e'
PETE C. ALFARO, ayor
ATTEST:
EILEEN P. HALL,, City Clerk
APPROVED AS TO FORM:
® ACIO RAMIREZ, SR., 6&Attorney
cllh 179\ CityCouncil\ OrdinancesEminentDotnainOrdinance .Fontenot
' i ffl11 4900 W000way, Suite 1000 — Houston, Texas 77056 — (713) 993 -0327 — Fax (713) 993 -9231
s u n V r I c
COM a.nr. INC.
METES AND BOUNDS DESCRIPTION
DRAINAGE EASEMENT
0.0263 ACRE (1,145 SQUARE FEET)
WILLIAM SLOODGOOD AUGMENTATION SURVEY
ABSTRACT NUMBER 5
CITY OF BAYTOWN
CHAMBERS COUNTY, TEXAS
Being a drainage easement containing 0.0263 acre (1 ,145 square feet) of land situated in
the William Bloodgood Augmentation Survey, Abstract Number 5, City of Baytown,
Chambers County, Texas; and being out of and a part of a called 140.963 acre tract
conveyed to Ricky Fontenot and Julie Fontenot by deed recorded in Volume 239, Page
201, Chambers County Official Public Records (C.C.O.P.R.), Chambers County, Texas; said
0.0263 acre tract being more particularly described as follows (bearings are oriented to the
bearing base reflected in said deed recorded in Volume 239, Page 201, C.C.O.P.R.):
COMMENCING at a '/,-inch iron rod found in the curved easterly right -of -way (R.O.W.) line
of State Highway 146 (120 feet wide), as described in deeds recorded in Volume 63, Page
236 and Volume 63, Page 171, Chambers County Deed Records, said iron rod marking the
southwesterly corner of ABBE Subdivision, -a subdivision of record in Volume 2, Page 104,
Chambers County Plat Records, and marking the northwesterly corner of said 140.963
acre tract from which, for reference, a found 2" axle bears South 78 °38'58" West, 127.81
feet;
THENCE, SOUTHERLY, along the easterly R.O.W. line of said State Highway 146 and
along the westerly line of said 140.963 acre tract, an arc distance of 333.14 feet along a
curve to the right, having a central angle of 03 117'49 ", a radius of 5,789.58 feet and a
chord which bears South 09 °48'31 " West, 333.09 feet to an angle point;
THENCE, South 78 °32'35" East, departing said easterly R.O.W. line, a distance of 16.00
feet to a point in the easterly line of an existing 16 foot wide utility easement, said point
for the POINT OF BEGINNING and northerly corner of the herein described easement;
THENCE, South 1 1'22'45" West, a distance of 100.14 feet to an angle point;
�- THENCE, South 11 °51'42" West, a distance of 200.48 feet to an angle point;
THENCE, South 15 °06'28" West, a distance of 77.58 feet to a point in a northerly line of
the aforesaid existing 16 foot wide utility easement and for the southeasterly corner of the
herein described easement, from which, for reference, a found %: -iron rod bears South
09 °22'27" West, 89.74 feet;
THENCE, North 51 °51'38" West, along a northerly line of said existing 16 foot wide utility
easement, a distance of 6.61 feet to a point for an interior corner of said existing 16 foot
wide utility easement and for the southwesterly corner of the herein described easement;
THENCE, NORTHERLY, along the easterly line of said existing 16 foot wide utility
easement, an arc distance of 375.32 feet along a non - tangent curve to the left, having a
central angle of 03 °42' 15 ", a radius of 5,805.58 feet and a chord which bears North
13 °18'33" East, 375.26 feet to the POINT OF BEGINNING and containing 0.0263 acre
(1,145 square feet) of land. This description is based on An Exhibit made by Terra
Surveying Company, Inc., dated November 19, 1998, TSC Project Number 2394- 9803 -5.
Compiled by: William E. Merten, R.P.L.S.
Checked by: Patrick Trewitt, L.S.I.T.
Terra Surveying Company, Inc.
4900 Woodway, Suite 1000
Houston, Texas 77056
November 19, 1998
TSC Project Number 2394 - 9803 -S
Mb00263.doc
EXHIBIT A
n
1�
a900 woodway, Suite 1000 — Houston, Texas 77056 — (713) 993 -0327 — Fax (713) 993 -9231
S U X V E Y i n G'
C 0 1 o1N Y. ,N C.
METES AND BOUNDS DESCRIPTION
16 FOOT WIDE UTILITY EASEMENT
0.0071 ACRE 1309 SQUARE FEET)
WILLIAM BLOODG000 AUGMENTATION SURVEY
ABSTRACT NUMBER 5
CITY OF BAYTOWN
CHAMBERS COUNTY, TEXAS
Being a 16 foot wide utility easement containing 0.0071 acre (309 square feet) of land
situated in the William Bloodgood Augmentation Survey, Abstract Number 5, City of
Baytown, Chambers County, Texas; and being out of and a part of a called 140.963 acre
tract conveyed to Ricky Fontenot and Julie Fontenot by deed recorded in Volume 239,
Page 201, Chambers County Official Public Records (C.C.O.P.R.), Chambers County,
Texas; said 0.0071 acre tract being more particularly described as follows (bearings are
oriented to the bearing base reflected in said deed recorded in Volume 239, Page 201,
C. C. 0. P. R.):
BEGINNING at a A -inch iron rod found in the curved easterly right -of -way (R.O.W.) line of
State Highway 146 (120 feet wide), as described in deeds recorded in Volume 63, Page
236 and Volume 63, Page 171, Chambers County Deed Records, said iron rod marking the
southwesterly corner of ABBE Subdivision, a subdivision of record in Volume 2, Page 104,
Chambers County Plat Records, and marking the northwesterly corner of said 140.963
acre tract and the herein described easement from which, for reference, a found 2" axle
bears South 78 °38'58" West, 127.81 feet;
THENCE, North 77 117'46" East, departing said easterly R.O.W. line, along the southerly
line of said ABBE Subdivision and along the northerly line of said 140.963 acre tract, a
distance of 17.12 feet to a point for the beginning of a non- tangent curve to the right and
the northeasterly corner of the herein described easement;
THENCE, SOUTHERLY, an arc distance of 22.09 feet along said non - tangent curve to the
right, having a central angle of 00 °13'05 ", a radius of 5,805.58 feet and a chord which
bears South 08 °12'32" West, 22.09 feet to a point for the end of said curve, for the
northeasterly corner of an existing 16 foot wide utility easement and for the southeasterly
corner of the herein described easement;
THENCE, North 83 132'29" West, along the northerly line of said existing 16 foot wide
utility easement, a distance of 16.01 feet to a point in the curved easterly R.O.W. line of
the aforesaid State Highway 146, for the northwesterly corner of said existing 16 foot
wide utility easement and for the southwesterly corner of the herein described easement;
THENCE, NORTHERLY, along the easterly R.O.W. line of said State Highway 146, an arc
distance of 16.47 feet along a non - tangent curve to the left, having a central angle of
00 °09'47 ", a radius of 5,789 -58 feet and a chord which bears North 08 °14'30" East,
16.47 feet to the.P0INT OF BEGINNING and containing 0.0071acre (309 square feet) of
land. This description is based on An Exhibit made by Terra Surveying Company, Inc.,
dated November 19, 1998, TSC Project Number 2394 - 9803 -S.
Compiled by: William E. Merten, R.P.L.S.
Checked by: Patrick C. Trewitt, L.S.I.T.
Terra Surveying Company, Inc.
4900 Woodway, Suite 1000
Houston, Texas 77056
November 19, 1998
TSC Project Number 2394 - 9803 -S
Mb00071(2).doc
EXHIBIT B
v
ONE IRA 1190. Woodway. Suite 1000 — Houston. Texas 77056 — (713) 993 -0327 — Fax (713) 993 -9231
S u A V E V I N G
c o M V A N T. I N c.
METES AND BOUNDS DESCRIPTION
10 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
0.1660 ACRE (7,230 SQUARE FEET)
WILLIAM BLOODGOOD AUGMENTATION SURVEY
ABSTRACT NUMBER 5
CITY OF BAYTOWN
CHAMBERS COUNTY, TEXAS
Being a 10 foot wide temporary construction easement containing 0.1660 acre (7,230
square feet) of land situated in the William Bloodgood Augmentation Survey, Abstract
Number 5, City of Baytown, Chambers County, Texas; anu being out of and a part of a
called 140.963 acre tract conveyed to Ricky Fontenot and Julie Fontenot by deed recorded
in Volume 239, Page 201, Chambers County Official Public Records (C.C.O.P.R.),
Chambers County, Texas; said 0.1660 acre tract being more particularly described as
follows (bearings are oriented to the bearing base reflected in said deed recorded in Volume
239, Page 201, C.C.O.P.R.):
COMMENCING at a '/: -inch iron rod found in the curved easterly right -of -way (R.O.W.) line
of State Highway 146 (120 feet wide), as described in deeds recorded in Volume 63, Page
236 and Volume 63, Page 171, Chambers County Deed Records, said iron rod marking the
southwesterly corner of ABBE Subdivision, a subdivision of record in Volume 2, Page 104,
Chambers County Plat Records, and marking the northwesterly corner of said 140.963
acre tract from which, for reference, a found 2" axle bears South 78 138'58" West, 127.81
feet;
THENCE, North 77 °17'46" East, departing said easterly R.O.W. line, along the southerly
line of said ABBE Subdivision and along the northerly line of said 140.963 acre tract, a
distance of 17.12 feet to the POINT OF BEGINNING and northwesterly corner of the herein
described easement;
THENCE, continuing North 77 °17'46" East, along the southerly line of said ABBE
Subdivision and along the northerly line of said 140.963 acre tract, a distance of 10.70
feet to a point for the northeasterly corner of the herein described easement;
THENCE, SOUTHERLY, an arc distance of 344.53 feet along a non- tangent curve to the
right, having a central angle of 03 °23'40 ", a radius of 5,815.58 feet and a chord which
bears South 09 °45'35" West, 344.48 feet to a point of non - tangency;
THENCE, South 11 °22'45" West, a distance of 100.18 feet to an angle point;
THENCE, South 11 °51'42" West, a distance of 200.80 feet to an angle point;
THENCE, South 15 106'28" West, a distance of 82.12 feet to a point in a northerly line of
an existing 16 foot wide utility easement and for the southeasterly corner of the herein
described easement;
THENCE, North 51 °51'38" West, along a northerly line of said existing 16 foot wide utility
easement, a distance 10.87 feet to a point for the southwesterly corner of the herein
described easement, from which, for reference, a found '/z -inch iron rod bears South
09 °22'27" West, 89.74 feet;
THENCE, North 15 °06'28" East, a distance of 77.58 feet to an angle point;
THENCE, North 11° 51'42" East, a distance of 200.48 feet to an angle point;
THENCE, North 11 °22'45" East, a distance of 100.14 feet to a point in the curved easterly
line of the aforesaid existing 16 foot wide utility easement and for a point of non - tangency;
EXHIBIT .0
METES AND BOUNDS DESCRIPTION
0.1660 ACRES
PAGE 2 OF 2
THENCE, NORTHERLY, along the easterly line of said existing 16 foot wide utility
easement and along a non - tangent curve to the left, having a central angle of 03 °21'25 ", a
radius of 5,805.58 feet and a chord which bears North 09 °46'43" East, 340.11 feet, at an
arc distance of 318.06 feet pass the northeasterly corner of said existing 16 foot wide
utility easement, and continuing, in all, an arc distance of 340.16 feet to the POINT OF
BEGINNING and containing 0.1660 acre (7,230 square feet) of land. This description is
based on An Exhibit made by Terra Surveying Company, Inc., dated November 20, 1998,
TSC Project Number 2394 - 9803 -S.
Compiled by: William E. Merten, R.P.L.S.
Checked by: Patrick C. Trewitt, L.S.I.T.
Terra Surveying Company, Inc.
4900 Woodway, Suite 1000
Houston, Texas 77056
November 20, 1998
TSC Project Number 2394 - 9803 -S
Mb01660.doc