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Res 075-92 5/5/1992I RESOLUTION NO. 2 2_./ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS FOR DRAINAGE IMPROVEMENTS ON FM 369, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, certain parcels have been designated by the Texas Department of Transportation for acquisition to provide drainage improvements for Southwest Parkway (FM 369) ; and, WHEREAS, the appraisals have been completed on the five parcels of property and such appraisals have been reviewed by the City' s Property Administrator and by the Right-of-Way Division of the local office of the Texas Department of Transportation. 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 purpose of providing the necessary drainage improvements for FM 369. SECTION 2. The legal descriptions of the drainage easements to be acquired in the name of the State of Texas are as follows: Parcel #1-E A 0. 069 acre tract, more or less, out of a 2. 4 acre tract in Blocks 39 and 40, Rancho Vista Place, as described in Volume 1516, Page 836 of the Wichita County deed records. Parcel #2-E A 0. 466 acre tract, more or less, out of a 21. 2 acre tract out of Block 11, Denton County School Land, as described in Volume 1571, Page 676 of the Wichita County deed records. Parcel #3-E A 0. 356 acre tract, more or less, out of a 4. 11 acre tract in Block 11, Denton County School Land, as described in Volume 811, Page 77 of the Wichita County deed records. i The legal descriptions of the easements to be acquired in the name of the City of Wichita Falls are as follows: Parcel #2-F (Utility Easement) A 0. 0744 acre tract, more or less, out of a 21. 2 acre tract out of Block 11, Denton County School Land. Parcel #2-G (Drainage and Utility Easement) A 0. 2195 acre tract, more or less, out of a 21. 2 acre tract out of Block 11, Denton County School Land. Parcels #2-F and #2-G are out of the 21. 2 acre tract described in Volume 1571 , Page 676 of the Wichita County deed records. The above-described tracts are fully described by metes and bounds in surveys provided to the City of Wichita Falls by the Texas Department of Transportation. SECTION 3 . The amount of just compensation for the above- described tracts is as follows: 1-E 828.00 2-F 298 . 00 3-E $1 ,139. 00 2-E $1,864. 00 2-G 878 . 00 These amounts are also the fair market value determined by Henderson Appraisal and Consultants, who were employed by the City to appraise these tracts. The Property Administrator is hereby authorized to acquire drainage easements in the name of the State of Texas on Parcels #1-E, #2-E, and #3-E, a utility easement on Parcel #2-F, and a drainage and utility easement on Parcel #2-G in the name of the City of Wichita Falls. 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 for the State of Texas and the City of Wichita Falls for the FM 369 Drainage 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 5th day of May, 1992. ell PO, uG M A Y O R ATTEST: City C erk