Res 049-93 3/16/1993RESOLUTION NO. 445
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS DETERMINING NECESSITY FOR ACQUISITION OF UTILITY
EASEMENTS FOR THE PRISON WATER SYSTEM PROJECT,
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 Phase II of the Prison Water System
Project; 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 Prison Water System
Project.
SECTION 2. The legal descriptions of the permanent utility
easements to be acquired are as follows:
Parcel #1 A 0.09 acre tract out of a 5.39 acre tract in the
N. Dembriski Survey, A-66.
Parcel #2 A 0.24 acre tract out of Lot 1, Block 3, Ranch
Estates.
Parcel #3 A 0.24 acre tract out of Lot 17, Block 2, Ranch
Estates.
Parcel #4 A 0.24 acre tract out of Lot 1, Block 2, Ranch
Estates.
Parcel #5 A 0.24 acre tract out of Lot 1-A, Block 1, Ranch
Estates.
Parcel #6 A 0.79 acre tract out of a 100 acre tract out of
the N. Dembriski Survey, A-66.
Parcel #7 A 2.5 acre total tract out of a 263 acre tract in
the N. Dembriski Survey, A-66, and the John Thomas
Survey, A-283 .
The legal descriptions of the twelve (12) month temporary
construction easements to be acquired are as follows:
Parcel #TCE-1 A 0.44 acre tract out of a 5.39 acre tract in the
N. Dembriski Survey, A-66.
Parcel #TCE-2 A 1.21 acre tract out of Lot 1, Block 3, Ranch
Estates.
Parcel #TCE-3 A 1.21 acre tract out of Lot 17, Block 2, Ranch
Estates.
Parcel #TCE-4 A 1.21 acre tract out of Lot 1, Block 2, Ranch
Estates.
Parcel #TCE-5 A 1.21 acre tract out of Lot 1-A, Block 1, Ranch
Estates.
Parcel #TCE-6 A 3.80 acre tract out of a 100 acre tract out of
the N. Dembriski Survey, A-66.
Parcel #TCE-7 A 12.07 acre tract out of a 263 acre tract in the
N. Dembriski Survey, A-66, and the John Thomas
Survey, A-283.
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 1993.
SECTION 3. The amount of just compensation for the
permanent utility easements to be acquired is as follows:
Parcel #1 180.00 Parcel #5 480.00
Parcel #2 480.00 Parcel #6 506.00
Parcel #3 480.00 Parcel #7 1,600.00
Parcel #4 480.00
The amount of just compensation for the temporary
construction easements to be acquired is as follows:
Parcel #TCE-1 $110.00 Parcel #TCE-5 $ 303.00
Parcel #TCE-2 $303.00 Parcel #TCE-6 $ 304.00
Parcel #TCE-3 $303.00 Parcel #TCE-7 $ 966. 00
Parcel #TCE-4 $303.00
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 CityManagerisauthorizedtoincreasetheofferwhen, in his
judgment, it appears to be in the best interest of the City to dosotosavethecostofcondemnation. 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
Prison Water System 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 March, 1993.
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