Loading...
Ordinance No. 9,481r -I LJ r ORDINANCE NO. 9481 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY ATTORNEY TO MAKE A FINAL OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNER OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN PROPERTY DESCRIBED HEREIN, WHICH ARE REQUIRED FOR THE CONSTRUCTION OF THE NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN 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 property described hereinbelow; and WHEREAS, negotiations with the owner of the property described hereinbelow have been fruitless; and WHEREAS, the City Council considers it necessary that the City of Baytown exercise the right of eminent domain to acquire private property for the public purpose of construction of a Northeast District Wastewater Treatment Plant; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: 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 property necessary for the construction of the Northeast District Wastewater Treatment Plant. The plant property is a 44.6151 - acre tract of land out of the William Bloodgood League, Abstract 4, Baytown, Harris PLANT County, Texas. The access right - PROPERTY of -way is a 60 -foot wide tract of 47.6077 acres land totaling 2.9926 acres out of ' the William Bloodgood League, or Degusr Engineered $ 90,000.00 ACCESS Abstract 4, Baytown, Harris 2,073794 ft� Carbons, Inc. RIGHT-OF- County, Texas. The plant property WAY and the access right -of -way are more fully described in Exhibit "A," which is attached hereto and incorporated herein for all intents and pufeoses. TOTAL $ 90,000.00 Section 2: Such offer shall provide that if the offer should not be accepted within fifteen days after receipt, the City of Baytown will consider such offer refused and will institute condemnation AMOUNT PROPERTY DESCRIPTION SQUARE OWNER TO BE FEET OFFERED The plant property is a 44.6151 - acre tract of land out of the William Bloodgood League, Abstract 4, Baytown, Harris PLANT County, Texas. The access right - PROPERTY of -way is a 60 -foot wide tract of 47.6077 acres land totaling 2.9926 acres out of ' the William Bloodgood League, or Degusr Engineered $ 90,000.00 ACCESS Abstract 4, Baytown, Harris 2,073794 ft� Carbons, Inc. RIGHT-OF- County, Texas. The plant property WAY and the access right -of -way are more fully described in Exhibit "A," which is attached hereto and incorporated herein for all intents and pufeoses. TOTAL $ 90,000.00 Section 2: Such offer shall provide that if the offer should not be accepted within fifteen 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 251 of the Local Government Code, the Charter of the City of Baytown, Texas, or other provisions. Section 3: Should such offer 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 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 Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 12'' day of December, 2002. x� e � PETE C. ALFARO, Mayor ATTEST: 4YGV SMITH, City Clerk APPROVED.AS TO FORM: NACIO RAMIREZ, SLXity Attorney FAKaren\Files \City Council\ Ordinances\ EmincntDonuinOrdinanceNortheastWastewaterTreamxntPlant .doe k, 06/12/01 12:12 PM METES AND BOUNDS DESCRIPTION Description of 44.6151 acres of land out of a called 215.4321 acre tract conveyed by deed dated July 6, 1995 from J.M. Huber Corporation to E=ngineered Carbons, Inc. as recorded under Harris County Clerks File Number R470540, and being situated in the WM. Bloodgood League, Abstract Number 4, Harris County, Texas; (note: bearings are based on the west line of said tract 3, and tract 4, of said 215.431 acres) COMMENCING at a 518 inch iron rod with cap found at the intersection of the north right -of -way line of Needle Point Road (Based on a 60 foot width) with the southeasterly line of the Southern Pacific Railroad (Volume 525, Page 236 Harris County Deed Records) (100' right -of -way); THENCE South 28° 05' 00" West, passing at a distance of 75.47 feet the most northerly northwest corner of said 215.4321 acres and being in the south line of said Needle Point Road, and continuing along the southeasterly line of the Southern Pacific Railroad (Volume 390, Page 431 Harris County Deed Records) (100' right -of -way), for a total distance of 1,358.89 feet to a 518 inch iron rod with cap set for the northeast corner and PLACE OF BEGINNING of the herein described tract; THENCE South 090 32' 50" East, for a distance of 2,679.03 feet to a point for corner on the top bank of Cedar Bayou; THENCE along the meanders of Cedar Bayou, the following calls; North 761 21'28" West, for a distance of. 147.14 feet to a point, North 790 55' 54" West, for a distance of 53.51 feet to a point, North 620 31' 42" West, for a distance of 130.76 feet to a point, North 830 27' 28" West, for a distance of 61.60 feet to a point, North 750 32' 07" West, for a distance of 73.80 feet to a point, North 83" 33' 42" West, for a distance of 53.59 feet to a point, North 790 48' 19" West, for a distance of 55.82 feet to a point, !North 760 08' 43" West, for a distance of 90.05 feet to a point, North 890 03' 43" West, for a distance of 61.07 feet to a point, North 850 03' 31" West, for a distance of 31.27 feet to a point, North 850 56' 54" West, for a distance of 103.16 feet to a point, South 75° 54' 31" West, for a distance of 37.77 feet to a point, South 650 13' 57" West, for a distance of 55.26 feet to a point, South 47° 43' 32" West, for a distance of 47.12 feet to a point, South 46° 40'29" West, for a distance of 61.72 feet to a point, South 21° 27' 43" West, for a distance of 38.35 feet to a point, South 45° 34' 36" West, for a distance of 49.80 feet to a point, South 53° 09' 13" West, for a distance of 10.12 feet to a point, South 280 00' 16" West, for a distance of 39.23 feet to a point, South 320 48' 21" West, for a distance of 39.50 feet to a point in the west line of said 215.4321 acres; THENCE North 09° 32' 50" West, along the west line of said 215.4321 acres, passing at a distance of 70.45 feet, a 518 inch iron rod found for reference and continuing in all for a total ® distance of 1146.66 feet to the a 518 inch iron rod with cap found for the most westerly northwest corner of said 215.4351 acres, same being in the southeasterly line of a 100 foot Southern Pacific Railroad fee as recorded under Volume 390, Page 431 of the Deed Records of Harris County; EM A Cr4.61 1 Scot Lowe Z:1DocsLLcg�Is199065W4.6151 AC(IES.da I of 2 06/12101 12:12 PM ®. THENCE North 280 05' 00" East, along the northwesterly line of said 215.4321 acres together with the southeasterly line of said Southern Pacific Railroad fee, for a distance of 1,795.05 feet to the PLACE OF BEGINNING of herein described tract of land and containing within these calls 44.6151 acres or 1,943,434 square feet of land; • WITNESS MY HAND AND SEAL THIS THE 12th DAY OF JUNE, 2001 a�as h;•4 ... :...................... ....SCOT LO�VYF ..r 5007 go. Sco/Registration SU Regl Land Surveyor Tex 5007 Note: Description prepared in conjunction with 99065.DWG -- dated July 26, 1999. Revised June 12, 2001. Created by Scm Lowe Z:0m%LeS&1sk9906M44.6151 ACIlES.doc 2 or2 ti 0725M 1:44 PM • METES AND BOUNDS DESCRIPTION 60 FOOT RIGHT -OF -WAY Description of a 60 foot wide right -of -way from Needlepoint Road to a 50 foot wide Houston Lighting and Power Fee Strip as recorded under Volume 3527, Page 733 of the Deed Records of Harris County Texas. Said 60 foot wide right -of -way being situated in a called 43.1651 acres (Tract 4) as conveyed by deed dated July 6, 1995 from J.M. Huber Corporation to Engineered Carbons, Inc. as recorded under Harris County Clerks File Number R470540 and being situated in the WM. Bloodgood League, Abstract Number 4, Harris County, Texas; (note: bearings are based on the west line of said 43.1651 acres) BEGINNING at a 518 inch iron rod found in the southerly right -of -way line of Needle Point Road (Based on a 60 foot width) and marking the northwest corner of a said 43.1651 acres; THENCE North 8011 39'44" East, along the southerly right -of -way line of said Needle Point Road, for a distance of 60.00 feet to a 518 inch iron rod set for corner; THENCE South 0911 32' 50" East, for a distance of 2,133.65 feet to a 5/8 inch iron rod set in the northwesterly line of said 50 foot wide Houston Lighting and Power Fee Strip; THENCE South 280 05' 00" W, along the northwesterly line of said 50' wide Houston Lighting and Power Fee Strip, for a distance of 98.26 feet to a 518 inch iron rod with cap found marking the most southerly comer of said 43.1651 acres; THENCE North 090 32' 50" West, along the westerly line of said 43.1651 acres, for a distance of 2,211.08 feet (called 2,211.68 feet) to the PLACE OF BEGINNING of herein described tract of land and containing within these calls 2.9926 acres or 130,360 square feet of land. WITNESS MY HAND AND SEAL_ THIS THE 25rd DAY OF SEPTEMBER, 1999 Scot LOA /i Regist Eyed Professional Land Surveyor Texas Registration No. 5007 r ST .....1 ................... SCOT LOWE. ......................... Gaud by Ronnic Horizon Z:1DoMV'e*AM5W Eutmem.doc 1 of) 0 0 0 N A ' r r�ry0 ;rs. O !`3 j`d• 0� i, 1� JO hti� f 0b t/ O NpSN .e SY3x .01, 1801 / if i i i i i i i i i i i N Y N Y w w w n N O any »nsas3a�a��9�3�9 � a r7 a >•Ot � q Yi Y .L MOT O]OwC a I � / f Jp -Al, / 1 &n 3NIl3dld 'Y'I .i /s 'ON.1 w .e /e L15 fill N a£ 4 g�aa�s 777RRR n m Y�gnW � BJ fA v , -` t PC 3NIl3dld 'Y'I .i /s 'ON.1 w .e /e L15 Aw j + � n m 3i Wu� / � W / 3M01 ' w i � h 31 HV4 ,Mooll - 3 ,.rr,6CA9 a 9'0 n - ,['l 5 NaN 3Ntt3dw 'd'1 .Z /I 'OWa'i .o /c L35 'e'1 .L /1 CIN! .i7G `aril .. .. .. ... .... ... . —� 3 „66,6£.06 N (•Y'O'N ,09) OYOL 1N10d 8.1033N ,OL'69ff - 3 ,.r►,6f.09 N _ (35073 A11v311vY13N1vW ION S3OO 0330) 5661 '9 AlAt 0300 OKOLYN 'ON '3'7'3'N ':)NI 'SN0GUY:) 0303N19N3 ;Mw80 NOIlYdOdNOJ d39l1H 'W'f mvoiweD SUE 09►t'OOL L 13Yai 0311Yo v � F U W d C!a FEE -X CL. O d 0 E"WE- �-�Z) z W d C) Oa O � W N Aw j + � n m 3i Wu� / � W / 3M01 ' w i � h 31 HV4 ,Mooll - 3 ,.rr,6CA9 a 9'0 n - ,['l 5 NaN 3Ntt3dw 'd'1 .Z /I 'OWa'i .o /c L35 'e'1 .L /1 CIN! .i7G `aril .. .. .. ... .... ... . —� 3 „66,6£.06 N (•Y'O'N ,09) OYOL 1N10d 8.1033N ,OL'69ff - 3 ,.r►,6f.09 N _ (35073 A11v311vY13N1vW ION S3OO 0330) 5661 '9 AlAt 0300 OKOLYN 'ON '3'7'3'N ':)NI 'SN0GUY:) 0303N19N3 ;Mw80 NOIlYdOdNOJ d39l1H 'W'f mvoiweD SUE 09►t'OOL L 13Yai 0311Yo v � F U W d C!a FEE -X CL. O d 0 E"WE- �-�Z) z W d C) Oa O � W