Ordinance No. 12,294ORDINANCE'NO. 12,294
AN ORDINANCE OF THE CITY COUNCIL OFTI-IF" CITY OFBAYTOWN,
TEXAS. DE"CLARING THE NECESSITY TO ACQUIRE A 10-1°OOT WIDE
SANITARY SE,Wt,"R ["ASE.MENT CONSISTING OF APPROXIMATELY
030 ACRES (13,167 SQUARl" F`1-1'1 T) OF LAND OUTOFTHATCERTAIN
87.47 ACRE TRACT 01-,' LAND DESCRIBED IN A CONVE'YANCI-` TO
Jt,J1,11'�S.'rYSON.']"'I�US'f'EE, RECORDED LINDE'R FILE Nt1MI.31--'R -1. 309427
IN THE OFFICIAL PUBLIC RECORDS Of-,' HARRIS COUNTY, TEXAS,
AND OU'1'01�"['HA'"['1'OR'f'1('..)N OF' SAID 87.47 AC RI.`1TRACTDESC RI BED
IN CONVLYANCI�`ITO CRI-1JG COX AND RI--'(ORDE,'D UNDFI'R FILE NO.
201201600028 IN THE. OFFICIAL PUBLIC R1 CORDS OF HARRIS
COUNTY,, TF.XAS, BEING APPROXIMATELY 13,167 SQUARE FEI:� - 'F,
AND THE NECESSITY TO ACQUIRE A 20-FOO'F WIDE SANITARY
SFW1-",'1`R 1"'IAS,1.,'IMENT CONSISTING OF APPROXIMATELY 0.43 ACRI'l-I'S
(18,792 SQUARE FEET) OF LAND OUT OF THE RESIDUE OF THAT
CERTAIN 16,536 ACRE TRACT OFLAND DESCRIBED IN CONVI"YANCE
TO WILLIAM R. GAMMI."'t, AND WIFE, 'I'll",11I ANY S. GAMMEL
RECORDED UNDI1R FILF'. NUMBER X320805 IN THE OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY OF HARR-IS C'OUNTY,Tla XAS, 13EING
APPROXIMA'FELY 18,792 SQUARE FEEIJOR TI IE RAC,COON ROAD 24-
INCH FORCE MAIN PROJECT; NECESSITY
FOR SUCH ACQUISITION, AUTHORIZING TI-IF, ACQUISITION 0,1,
PROPF.RTY R.IGHTS NEC1,"'ISSARY FOR THE SANITARY SEWER/FORCE
MAIN AND ASSOCIATED USES; APPOINTING AN APPRAISER AND
NEGOTIATOR AS NECt"SSARY; AUTHORIZING THIE' CITY MANAGER
OF THE CITY OF BAYTOWN, TEXAS,, TO ESTABLISH JUST
COMPENSATION I"OR TI11"' PROPE"RTY RIGHI'S 'TO BF1, ACQUIRE'D;
AUTHORIZING THE CITY MANAGER OR DFI'S I GNE I'll TO `TAKE' ALL
S'T'EPS NECESSARY TO ACQUIRE THE NF ' EDED PROPF'RTY RIGHTS IN
COMPLIANCE W1144 ALI. APPLICABLE LAWS AND ORDINANCLS;
AND r` L) THI:`1 CITY ATTORNF'Y OR DESIGNEE TO
INSTITUTE CONIX-I'MNATION PROCI�IEDINGS TO ACQIJIIZI Tlfl:�
PROPF'IRTY 117 PURCHASE' NE( I JOTIATIONS ARF" NOT SUCCE'SSFUL;
AND PROVIDING FOR THE
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WHEREIAS, the City Council ol'the City of' Baytown, Texas ("City Council"), has
determined that
a 104c)ot wide sanitary seNver easen-lent consisting cff approximately 030 acres
(13,167 square I'CCt) 01* killd out Of' flKit certain 87.47 acre tract of land
described in convevance to Julie S,T-vsor.Tl'LlS(eC. recordCd LJl1dC1- File NLlll1hCl-
T309427 ill the OflkiLd PUbliC Records of ] larris -111d Offl , Of'th,,lt
portion cal` said 87.47 acre tract clescribed in conveyance to Cxeig Cox and
1'ec0l,ded LHICICT file No. 201201600028 ill 111C Ot'fiC MI-PUblic Record , s of'] larris
COLl1n.y. Texas, being approximately 13,167 square fleet (-Cox [Asernent"),
I a 20-foot \-vide sanitary sewer casement consisting of approximately 0.43 acl,es
18,792 square feet) of land out of the residue 01' that Certain 16.536 acre tract of
land described in conveyance to William R.. Gainniel and wile, Tiffally S.
Ganiniel recorded under File Nuniher X320805 in tile (Afficial Public Records of
Real Property Of I 1,11-1-iS County, Texas, being approximately 181,792 S(lUal-C feet
(-(Jarnniel Easernent"1 .
is appropriate lor use by the City of Baytown for tile City's sanitary sewer/force main and
associated uses ("Utility Project"), and that there exists as public necessity to acquire the Cox
asernent, as casements for tile City or Baytown's Utility Pro'
I asernent and the Garnmel 1-1 Project;
and
WHER.LAS, the Cox Easenient is more particularly described in F.xhibit "A," which is
attached hereto and incorporated herein for all intents and purposes; and the Garnmel I'lasernern
is more particularly described in Exhibit "13,- which is attached hereto and incorporated herein
for all intents and purposes; and
\A/I-IEREAS, the City Council desires to acquire the Cox F"asenient and tile Gamniel
Hasernent for the aforementioned public uses ill conjunction with the Utility Project because, in
part, additional utility eaSCII-tents are necessary for (lie new 24-inch sanitary force main to
connect to the Raccoon Road Lift Station of the City of Baytown,, Texas, which will divert
sanitary sewer flows from the E'ast District Wastewater Treatment Plant to the Northeast.
District Wastewater 'rreatnient Plant to minimize inflow and infiltration of the City's sanuary
sewer system; and
WHE'REAS, the City Council desires that the City Manager, or designee, take-, all
necessary steps to acquire the needed property interests, including, but not limited to the
retention ot'appraisers, engineers and other consultants and experts, and that tile City Attorney,,
or designee, negotiate the purchase of tile property interests and, il I 1111SUCCCSSIFLIl in purchasing
the needed property interests, to institute condemnation proceedings to acquire tile COX
F.'asement and the Ganirnel E'asernent; NOW T] IEREFORE,
BE IT ORDAINED 13Y CITY COUNCIL Cif "1 CITY OF BAYTOWN, TEXAS:
Section 1: That all of the above recitals are hereby found to be true and correct
legislative and factual finding.,, of the City COLHICH 0fthC City off3aytown, Texas, and they are
hereby approved and incorporated into the body of this Ordinance, as if copied in their entirety.
Section 2: That the City Council hereby finds and determines that as public Lise and
necessity exists for the Utility Project and for the City of Baytown to acquire the necessary
property rights in the Cox Easement and Garnmel Easement deemed necessary 6or. tile Utility
llr(7Ject, as allowed by law, together with all necessary appurtenances, additions and
improvements in, over, Linder, and through those certain lots, tracts or parcels of'land.
10
Section 3: The City Attorney,, or designee, is authorized and directed to negotiate for
and to acquire the required property rights for the City of* Baytown, and to acquire said rights in
compliance with State and l"ederal law. Moreover, the City Attorney, or designee, is specifically
authorized and directed to do each and every act necessary to acquire the needed property rights
including, but riot limited to, the authority to negotiate, give notices, make written offers, to
purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests
to be acquired, as well as any other experts or consultants that are deerned necessary flor the
acquisition process and, 11'riecessary, to institute proceedings in eminent dornain.
Section 4: The City Manager, or designee, is appointed as negotiator l'or the
acquisition of the needed property interests and, as such, the City Manager or designee is
authorized and directed to do each and every act and deed hereinabove specified or authorized
by reference, subject to the availability of ftinds appropriated by the City Council fear such
purpose.
Section 5- If' the City Manager or designee determines that an agreement as to
damages or coiripensation cannot be reached, their the City Attorney or designee is hereby
authorized and directed to make the final ofTers in accordance with law as 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 riot, llor the purchase
and acquisition by the City of"Baytown of'property necessary For the Utility Project:
MIU i
PROPERTY OWN FIR F AF=I
Cox Easement Craig, Cox $1,975.00
Gammel Easement William R. Garnmel and wilc, $2,339.00
Tiflariv S. Gammel
Additionally, the City Attorney is authorized to rile or Cause to be filed, against the
owncr( s) and interested parties ol'the needed property interests, proceedings in eminent domain
to acquire the above-stated interests in Cox Easement and Gammel I'asernent,
Section 6: Should Such offer be accepted, the money above set Iorth shall be paid
Out ot'any appropriation heretofore made I'm- the public purposes 176r which the above-described
Property interests are I•C(ILFIred, Should SLICII o171-ler not be accepted, the amount finally awarded
to the owner in the condemnation procceding, plus costs, Ile-es and expenses shall be paid out of
Such I'Linds so appropriated.
Section 7: This ordinance shall take elect immediately from as alter its passage by
the City Council of the CIty of'Baytown.
INTRODUCED, READ and IIASS[111) by the afTirinative v 7 o f`the City Council of the
City of Baytown this the 25th day (:)I'.ILLIY, 2013,
17 FIFIFIEN 1-1. L)ONCARLOS, Mayor
ATTEST:
LETICIA BRYSCII, City 'I c%"i-'k
APPROVED AS TO FORM:
RAMIREZ, SR,, Cit Attornev
ACIO
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EXHIBIT "A"
10 MOT WIDE SANITUARY SEWER EASEMENT
0.30 ACRE / 13,167 SQUARE FEET
BEING a 10 foot wide Sanitary Sewer Easement out of that certain 87.47 acre track of
land described In conveyance to Julie S. Tysor, Trustee recorded under File Number
T309427 In the Official Public Records of Real Property of Harris County, Texas and out
of that portion of said 87.47 acre tract described In conveyance to Crum Cox and
recorded under File No. 20120160023 Official Public Records of Real Property of Harris
County, said 10 foot wide Sanitary der Easement tract being more particularly
described by mate's and bounds as follows;
COO JIENCIN6i at a 5/80 Iron rod found for the northeast corner of Cedar Bayou Park
Utility District Tract recorded under file number F579844 In the Official Public Records of
Real property of Harris County, Texas, said corner being In the west line of said 87.47
acre tract and being In the east line of a certain 16.536 acre tract described In
conveyance to William R. Gemmel and wife, Tiffany S. Gammef recorded under File
Number X3208M In the Official Public Records of Read Property of Harris County, Texas;
THENCE N 13°00" 3V W along and with the said west line of 117.47 acre tract and said
East line of 16.536 acre tract a distance of 516.38 feet to a point being In the west line of
a 20 foot sanitary sewer easement recorded under file number 200703 "53368 Harris
County, Texas;
THENCE N 241,53 °11V E a distance of 32.59 feet to 580 capped Iron rod set for the
POINT Of BEGINNING of the herein described 10 foot wide Sanitary sewer Easement;
THENCE N 24053°11" E along and with the southeasterly lime of said 20 foot Sanitary
Sewer Easement a distance of 1316M feet to a set 516 capped Iron rod In the east line
of sold 87.47 acne tract and In the west line of a certain 44.61 acre tract of described In
conveyance to City of Baytown recorded under File Number X242561 In the Official
Public Records of Real Property of Harris County, °foxes of the herein described tract;
THENCE S 12°27'36"' E along and with the said east line of 87.47 acre tract and the said
west line of 44.61 acre tract a distance of 16.4,3 feet to a set. 5/6 capped! Iron rod;
THENCE S 24053 °1100 a distance of 1316.60 feet to a set 5/8" capped Iron rod In the
east lime of sold 20 foot sanitary sower easement as described to said H'CCF No
2007038S368,
THENCE N 13901'16 W along and with east line of said 20 foot sanitary sewer easement
a distance of 1628 feet to the POINT OF BEGINNING"
Basis of Bearing Grid North, Texas State Plane Coordinate System NAD83, Texas South
Central Zone,.
EAHIBIT "A"
cam emu PMX Uraw
DMV=
No. F57WO
O.P.R".
3awalafactwWasaftitaiv twareasamont out of that vartalo 87A7 am trart of tend deseffliedln=veyance tea JulloS.Y*r.
rwom recarded under, M No T30427 h the OMCW PuNtc Records of Real Prop" of Hards County, TOM and hOlng dosofted by
a mates and bounds desafpWm In the attached WM W, balq made apart oftlds survey.
4 Robart 0. E14 a RegIstaredl Ptolealonal Land Surveyor of the State of Tom, do hareby ouufv that this survey was tirade an the
umd of the property tee daitdbqd harean and: Is true and ceffeetto Our but of my buwAadaa.
FOX�iLl
ELLIS SURVEWNG SERMES
Ddtc: 03-07-12i
Scole: 1 w 200 8419 Emmett F. Lowry
Prqject 1868 Texas City, Texas 77591
Row 02-07-13 Tell.- 409-938-8700
Fox*: 866-678-7685
EXHIBIT "B"
BEING a 20 foot wide sanitary sewer easement out of the residue of that certain 16536
acre tract of land described In conveyance to William R, Gamma[ and wife, Tiffany S.
Gamma]' recorded under File Number X32OWS In the Official public Records of (teal
Properly of Harris County, Texas, said 20 foot wide Sanitary Sewer Easement being more
particularly described by metes and bounds as follows,
COMMENCING at a S/r Iron rod found for the northeast corner of that certain Cedar
Bayou Park Utility District tr4tt recorded under file number P579844 Offldal Publlc
Records of steal Property of Harris County, said corner being In the west line of that
certain called 87.47 acre tract as described In conveyance to.lulle S. "TysorTrustee and
recorded under File Number T309427 in the Official Public Records of heal Property of
Harris County, Texas, said corner also being In the east line of said 16.536 acre tract;
THENCE N 13MY390 tiW along and with the said west line of 87.47 acre tract and said
east Una of 16436 acre tract a distance of 516.38 feet to a set. 5/8" capped Iron rod and
being the POINT OF BEGINNING of the herein described 20 foot wide sanitary sewer
casement.
THENCE $ '24'°53 "iii° DPW a distance of 876.68 feet to a set S 18' capped Iron read;
THENCE N 6S"B6'45" NiW a distance of 70.01 feet to a set 5/8" capped Iron rod being In
the northwesterly tine of a 5o foot Bumble Pipeline Company casement as recorded
under Volume Z315 Page 726 of the Harris County Reed Records and the southeasterly
line of Dayton -Go= Greek Rail Road Company Tract as recorded under Volume 390
Page 431 Harris County Deed Records;
THENCE N 241153'13 " 'WW along and with said northwesterly line of 5o foot Humble
Pipeline Easement and said southeasterly line of Dayton- Goose Railroad tract a distance
of 20M feet to a set 5/8"' capped lion rod;
THENCE 5 6550OW460 E a distance of StI.Il1 feet to a set S /8a upped iron rod;
THENCE N 24053 115 "' trW along and with the southeasterly line of said 50 foot Humble
pipeline Easement a distance of 882,37 feet to a sat S /8° capped Iron rod being, In the
east lime of said 16.536 acre tract and the west line of said 87,47 acre trace
THENCE S 130WSr E along and with east line of said 16.536 acre tract and west line of
said 87.47 acre tract a distance of 32-S6 feet to the POINT OF BEGINNING,
Basis of eaeAn,g: Grid North, Texas State Plane Coordinate System NAD83„ Texas South
Central Zone,
14115
EXHIBIT "B"
A Mt
T"I
wM
JUuE S. TYSOR, TRUSTEE
CAUED 67.47 ACRE
T309427
O.P.R.R.P.
M M-' I P,
Coto- 02-27-12 nus sum�NG SERMES
SOGIO: I" - 150' 8419 Emmett F. LowrY
Project # 1868 Texas City, Texas 77591
Awn 02-07-13 ♦
Tel.: 409-938-8700
Fox: 866i-678-7685