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Res 201-90 12/6/1990RESOLUTION NO. rhet— 5G RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF RIGHT-OF-WAY FOR THE MIDWESTERN PARKWAY STREET WIDENING PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, the Texas Department of Highways and Public Transportation is proposing to widen Midwestern Parkway from Maplewood to Taft; and, WHEREAS, prior to the construction, the City of Wichita Falls must acquire certain parcels of right-of-way as well as a channel easement and three temporary construction easements; and, WHEREAS, the appraisals have been completed on these tracts, reviewed by the City' s Property Administrator and the Highway Department' s Right-Of-Way Agent, 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 fee simple title to the five tracts hereinafter described, a channel easement, and three temporary construction easements for the Midwestern Parkway Street Widening Project. SECTION 2 . The legal descriptions of the five parcels to be acquired by fee simple title are as follows: Parcel #MP-1 A 0. 053 acre tract out of Lots 1 and 2 , Block 21, Midwestern Parkway Addition. Parcel #MP-2 A 0. 009 acre tract out of Lot 6, Eureka Plaza Addition. Parcel #MP-3 A 0 .096 acre tract out of Lot 1, Eureka Plaza Addition. Parcel #MP-4 A 0 . 068 acre tract out of Lot 1, Eureka Plaza Addition. Parcel #MP-5 A 0. 900 acre tract out of a 67. 497 acre tract in the J. M. English Survey No. 355, and the Day Land and Cattle Company Survey, Abstract No. 619 . The legal description of the channel easement to be acquired is as follows: Parcel IMP-3E A 0. 362 acre tract, more or less, out of a 13 . 234 acre tract in the J. M. English Survey, Abstract No. 355 , and being part of Lot 1, Eureka Plaza Addition. The legal descriptions of the two-year temporary construction easements are as follows: Parcel IMP-3 (TCE 1) A 0. 060 acre tract, more or less, out of Lot 1, Eureka Plaza Addition. Parcel IMP-3 (TCE 2) A 0. 056 acre tract, more or less, out of Lot 1, Eureka Plaza Addition. Parcel IMP-4 (TCE) A 0. 127 acre tract, more or less, out of Lot 1, Eureka Plaza Addition. SECTION 3 . The amount of just compensation for the above described parcels is as follows: MP-1 13 , 854 . 00 MP-3E 23 ,654. 00 MP-2 2,110 . 00 MP-3 (TCE 1 & 2) 1,011. 00 MP-3 8,364 . 00 MP-4 (TCE) 553 .00 MP-4 2,962 . 00 MP-5 139,612. 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. 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 Midwestern Parkway Project. PASSED AND APPROVED this the 6th day of December, 1990. 4 .././ir M A Y O R ATTEST: City C erk