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Res 002-91 1/15/1991RESOLUTION NO. 1/ RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS IN SUNNYSIDE HEIGHTS ADDITION,APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, it has been determined that the City of Wichita Falls must acquire certain utility easements in order to relocate an existing eight-inch sewer line in the Sunnyside Heights Addition; and, WHEREAS, the appraisals have been completed on the property 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, THAT: 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 relocating a sanitary sewer line. SECTION 2. The legal descriptions of the permanent utility easements to be acquired are as follows: Parcel #SH-1 Tract I A 1,725 square foot tract out of Lots 30 and 31, Block 20, Sunnyside Heights Addition. Tract II A 2, 300 square foot tract out of Lots 33 and 34 , Block 20, Sunnyside Heights Addition. Tract III A 1,234 square foot tract out of Lots 34 and 35, Block 20, Sunnyside Heights Addition. Parcel ISH-2 A 900 square foot tract out of Lot 29, Block 20, Sunnyside Heights Addition. Parcel #SH-3 A 900 square foot tract out of Lot 28 , Block 20, Sunnyside Heights Addition. Parcel #SH-4 A 900 square foot tract out of Lot 27, Block 20, Sunnyside Heights Addition. Parcel #SH-5 A 920 square foot tract out of Lot 26, Block 20, Sunnyside Heights Addition. Parcel #SH-6 A 920 square foot tract out of Lot 25 , Block 20, Sunnyside Heights Addition. Parcel #SH-7 A 920 square foot tract out of Lot 24, Block 20, Sunnyside Heights Addition. Parcel #SH-8 A 920 square foot tract out of Lot 23 , Block 20, Sunnyside Heights Addition. Parcel #SH-9 A 920 square foot tract out of Lot 22, Block 20, Sunnyside Heights Addition. Parcel #SH-10 A 1, 035 square foot tract out of Lot 21 and the west two feet of Lot 20, Block 20, Sunnyside Heights Addition. Parcel #SH-11 and 12 A 3 , 364 square foot tract out of Lots 19 and 20, Block 20, Sunnyside Heights Addition. Parcel #SH-13 A 4,827 square foot tract out of Lot 15, Block 24, Sunnyside Heights Addition. The legal descriptions of the twenty-four month temporary construction easements to be acquired are as follows: Parcel #SH-1 TCE Tract I A 1,725 square foot tract out of Lot 30, Block 20, Sunnyside Heights Addition. Tract II A 3 ,974 square foot tract out of Lots 34 and 35, Block 20, Sunnyside Heights Addition. Parcel #SH-2 TCE A 900 square foot tract out of Lot 29, Block 20, Sunnyside Heights Addition. Parcel #SH-3 TCE A 900 square foot tract out of Lot 28, Block 20, Sunnyside Heights Addition. Parcel #SH-4 TCE A 900 square foot tract out of Lot 27, Block 20, Sunnyside Heights Addition. Parcel #SH-5 TCE A 920 square foot tract out of Lot 26, Block 20, Sunnyside Heights Addition. Parcel #SH-6 TCE A 920 square foot tract out of Lot 25, Block 20, Sunnyside Heights Addition. Parcel #SH-7 TCE A 920 square foot tract out of Lot 24, Block 20, Sunnyside Heights Addition. Parcel #SH-8 TCE A 920 square foot tract out of Lot 23 , Block 20, Sunnyside Heights Addition. Parcel #SH-9 TCE A 920 square foot tract out of Lot 22, Block 20, Sunnyside Heights Addition. Parcel #SH-10 TCE An 831 square foot tract out of Lot 21 and the west two feet of Lot 20, Block 20, Sunnyside Heights Addition. Parcel #SH-11 TCE A 450 square foot tract out of Lot 20, Block 20, Sunnyside Heights Addition. Parcel #SH-13 TCE A 5, 256 square foot tract out of Lot 15, Block 24, Sunnyside Heights Addition. The above described permanent and temporary easements are further described by metes and bounds in field notes prepared by Corlett Probst & Boyd, Inc. , on November 20, 1990. SECTION 3 . The amount of just compensation for the permanent utility easements to be acquired is as follows: SH-1 842. 00 SH-7 110. 00 SH-2 108. 00 SH-8 110. 00 SH-3 108 . 00 SH-9 110.00 SH-4 108. 00 SH-10 124 .00 SH-5 110. 00 SH-11 & 12 404. 00 SH-6 110. 00 SH-13 386. 00 The amount of just compensation for the temporary construction easements to be acquired is as follows: SH-1 TCE 114. 00 SH-7 TCE 14 . 00 SH-2 TCE 14. 00 SH-8 TCE 14. 00 SH-3 TCE 14 . 00 SH-9 TCE 14. 00 SH-4 TCE 14. 00 SH-10 TCE 12. 00 SH-5 TCE 14. 00 SH-11 TCE 7. 00 SH-6 TCE 14. 00 SH-13 TCE 53 . 00 The above 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 permanent utility easements and temporary construction easements for the 1990-91 Utility Improvement Program. PASSED AND APPROVED this the 15th day of January, 1991. M A Y 0 R ATTEST: City Clerk