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Res 046-96 4/16/1996RESOLUTION NO.`1 1LJ-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR THE REPLACEMENT OF THE ARIZONA SEWER TRUNK MAIN, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, it has been determined that the City of Wichita Falls must acquire certain utility easements and temporary construction easements for a new sewer trunk main which will run parallel to the existing Arizona Main; and, WHEREAS, appraisals have been made on these tracts and reviewed by the Property Administrator, and are now on file in the Property Management Office . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. It is necessary that the City of Wichita Falls acquire the hereinafter described property located in Wichita Falls, Wichita County, Texas, for the Arizona Sewer Trunk Main Project . SECTION 2 .The legal descriptions of the permanent utility easements to be acquired are as follows : Parcel #1 A 37, 422 . 5 square foot tract out of a 100 acre tract out of the Cyrus Eakman Survey, Abstract 450 . Parcel #2 A 2 , 570 square foot tract across 1 . 12 acres out of Block 42 , Highland Addition. Parcel #3 A 14, 705 . 95 square foot tract across 4 . 057 acres out of Blocks 42 and 86, Highland Addition. Parcel #4 A 9, 060 square foot tract across Block 4, Newcomb Downs Addition, Section 2 . Parcel #5 A 1, 453 . 2 square foot tract across Lot 3-C, Block 1, Parkway Addition. Parcel #6 A 1, 296 .4 square foot tract across Lot 4-B, Block 1, Parkway Addition. Parcel #7 A 1, 199 . 6 square foot tract across Lot 4-D, Block 1, Parkway Addition. Parcel #8 A 2 , 252 . 1 square foot tract across Lot 4, Block 4, Willowbrook Addition. Parcel #9 A 7, 676 .47 square foot tract across Lot 3 , Block 4, Willowbrook Addition. Parcel #10 A 12 , 695 .4 square foot tract across Lots 13 thru 20 and Lots 1 thru 10, Block 6, Grant Street Addition. Parcel #11 A 1, 586 .4 square foot tract across Lot 1-A, Block 100- A, Highland Addition. Parcel #12 Delete Parcel #13 A 1, 210 . 8 square foot tract across a 3 .46 acre tract out of Blocks 192 , 193 , and 194, Highland Addition. Parcel #14 A 2 , 021 . 0 acre tract across a strip of land designated as Fort Worth and Denver Railroad right-of-way. Parcel #15 A 22 , 983 square foot tract across a Burlington Northern Railroad right-of-way in Block 13 , Burlington Call Field Industrial District . Parcel #16 A 19, 850 . 73 square foot tract across a 14 . 27 acre tract in Block 11, Denton County School Land. Parcel #17 A 3 , 613 square foot tract across Lot 1-A, Block 62, Fountain Park Addition, Section 8-D. The legal descriptions of the twelve (12) month temporary construction easements to be acquired are as follows : Parcel #1 TCE A 23 , 206 . 5 square foot tract across a 100 acre tract out of the Cyrus Eakman Survey, Abstract 450 . Parcel #2 TCE A 2, 570 square foot tract across 1 . 12 acres out of Block 42 , Highland Addition. Parcel #3 TCE A 15 , 010 .45 square foot tract across 4 . 057 acres out of Blocks 42 and 86, Highland Addition. Parcel #4 TCE A 15, 334 square foot tract across Block 4, Newcomb Downs Addition, Section 2 . Parcel #5 TCE A 12, 910 square foot tract across Lot 3-C, Block 1, Parkway Addition. Parcel #6 TCE A 5, 627 . 3 square foot tract across Lot 4-B, Block 1, Parkway Addition. Parcel #8 TCE A 5, 318 . 5 square foot tract across Lot 4, Block 4, Willowbrook Addition. Parcel #9 TCE An 11, 613 .3 square foot tract across Lot 3 , Block 4, Willowbrook Addition. Parcel #10 TCE An 18, 962 . 6 square foot tract across Lots 13 thru 20 and Lots 1 thru 10, Block 6, Grant Street Addition. Parcel #11 TCE A 2 , 379 . 7 square foot tract across Lot 1-A, Block 100-A, Highland Addition. Parcel #12 Delete Parcel #13 TCE A 1, 816 . 2 square foot tract across a 3 .46 acre tract out of Blocks 192 , 193 , and 194, Highland Addition. Parcel #14 TCE A 3, 031 .4 square foot tract across a strip of land designated as Fort Worth and Denver Railroad right-of-way. Parcel #15 TCE A 34, 469 . 8 square foot tract across a Burlington Northern Railroad right-of-way in Block 13 , Burlington Call Field Industrial District . Parcel #16 TCE A 29, 776 . 1 square foot tract across a 14 .27 acre tract in Block 11, Denton County School Land. Parcel #17 TCE A 5, 429 . 6 square foot tract across Lot 1-A, Block 62 , Fountain Park Addition, Section 8-D. The above-listed permanent and temporary easements are fully described by metes and bounds in field surveys prepared by Corlett, Probst & Boyd, Inc . , in January 1996 . SECTION 3 . The amount of just compensation for the permanent utility easements to be acquired is as follows : Parcel #1 65, 489 . 00 Parcel #10 7, 596 . 00 Parcel #2 4, 498 . 00 Parcel #11 3 , 807 . 00 Parcel #3 25, 736 . 00 Parcel #12 Delete Parcel #4 14, 496 . 00 Parcel #13 363 . 00 Parcel #5 2 , 906 . 00 Parcel #14 400 . 00 Parcel #6 2 , 074 . 00 Parcel #15 4, 597 . 00 Parcel #7 960 . 00 Parcel #16 7, 940 . 00 Parcel #8 2, 251 . 00 Parcel #17 5, 058 . 00 Parcel #9 12 , 282 . 00 The amount of just compensation for the temporary construction easements to be acquired is as follows : Parcel #1 TCE $4, 061 . 00 Parcel #10 TCE $ 1, 422 . 00 Parcel #2 TCE $ 450 . 00 Parcel #11 TCE $ 714 . 00 Parcel #3 TCE $2 , 627 . 00 Parcel #12 TCE Delete Parcel #4 TCE $3 , 067 . 00 Parcel #13 TCE $68 . 00 Parcel #5 TCE $3 , 228 . 00 Parcel #14 TCE $76 . 00 Parcel #6 TCE $1, 125 . 00 Parcel #15 TCE $ 862 . 00 Parcel #8 TCE $ 665 . 00 Parcel #16 TCE $ 1, 489 . 00 Parcel #9 TCE $2 , 323 . 00 Parcel #17 TCE $ 950 . 00 These amounts of just compensation are 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 Arizona Sewer Trunk Main Project . 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 16th day of Apri 1996 . M A 0 R ATTEST: u otickINp ) City Clerk