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Res 031-98 3/17/1998RESOLUTION NO.31 -0 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS ON SPISER LANE, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls currently has a six inch sewer line in the 4700 block of Spiser Lane; and, WHEREAS, it has been determined that no recorded utility easement exists on five properties on which the line is located. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. It is necessary that the City of Wichita Falls acquire the hereinafter described property located in Wichita Falls, Wichita County, Texas, to cover an existing six inch sanitary sewer line. SECTION 2. The legal descriptions of the utility easements to be acquired are as follows: Parcel # 1. A 1,201 square foot tract out of the West 200 feet of Lot 7, Block 2, W.H. Spiser Addition, a /k/a 4719 Spiser Lane. Parcel # 2. A 1,201 square foot tract out of the West 200 feet of Lot 6, Block 2, W.H. Spiser Addition, a /k/a 4721 Spiser Lane. Parcel # 3. A 1,208 square foot tract out of the West 200 feet of Lot 5, Block 2, W.H. Spiser Addition, a /k/a 4723 Spiser Lane. Parcel # 4. A 1,208 square foot tract out of the West 200 feet of Lot 4, Block 2, W.H. Spiser Addition, a /k/a 4725 Spiser Lane. Parcel # 5. A 1,209 square foot tract out of Lot 2, Block 2, W.H. Spiser Addition, a /k/a 4803 Spiser Lane. The above described tracts being fully described by metes and bounds in field surveys prepared by Corlet, Probst & Boyd, Inc. SECTION 3. The amount of just compensation for the above described tracts is $145.00 per parcel. This amount is also the fair market value determined by Henderson Appraisal and Consultants, who were employed by the City to appraise the. tracts. SECTION 4. In the event the Property Administrator is unable to purchase the parcels for the appraised value, the City Manager is authorized to increase the offer when, in his judgment, it appears to be in the best interest of the City to do so to save the cost of condemnation. If both parties are unable to agree upon a value for the property, the City Attorney is hereby authorized to institute condemnation proceedings to obtain such property in the name of the City of Wichita Falls for the Spiser Lane sewer line. SECTION 5. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 17th day of March, 1998. ATTEST: W10 City Clerk I MAYO �l