Res 065-90 4/3/1990RESOLUTION NO.
RESOLUTION DETERMINING NECESSITY FOR
ACQUISITION OF RIGHT-OF-WAY FOR A BRIDGE ON
FM 2380 AT HOLLIDAY CREEK, APPROVING THE
APPRAISALS, SETTING JUST COMPENSATION, AND
AUTHORIZING PURCHASE OR CONDEMNATION.
WHEREAS, certain parcels have been designated by the State
Department of Highways and Public Transportation for acquisition
to provide the necessary right-of-way for the new bridge on FM
2380 at the relocated Holliday Creek; and,
WHEREAS, the appraisals have been completed on the four
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 State Department of Highways and Public
Transportation.
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 providing the
necessary right-of-way of the new bridge on FM 2380.
SECTION 2. The legal descriptions of the parcels to be
acquired in fee simple title in the name of the State of Texas
are as follows:
Parcel #BR 1
A 0. 822 acre tract out of a 4. 401 acre tract
in the John A. Scott Survey No. 7, Abstract
295.
Parcel #BR 2
A 0. 409 acre tract out of a 1. 0 acre tract in
the John A. Scott Survey No. 7, Abstract 295.
Parcel #BR 3
A 0. 314 acre tract out of a 7. 230 acre tract
in the John A. Scott Survey No. 7, Abstract
295.
Parcel *BR 3-A
A 0. 261 acre tract out of a 5. 0 acre tract in
the John A. Scott Survey No. 7, Abstract 295.
Parcel *BR 3-B
A 0. 032 acre tract out of a 5. 0 acre tract in
the John A. Scott Survey No. 7, Abstract 295.
This 0.032 acres is an uneconomic remainder
and must be acquired in the name of the City
of Wichita Falls. )
Parcel #BR 4
A 0. 238 acre tract out of a 16. 860 acre tract
in the John A. Scott Survey No. 7, Abstract
295.
Parcels #BR 1, 2, 3 , and 4 being fully described by metes
and bounds in surveys provided to the City of Wichita Falls by
the State Department of Highways and Public Transportation.
SECTION 3 . The amount of just compensation for fee simple
title to the above described tracts is as follows:
BR 1 23 , 131. 00 BR 3 2,052. 00 BR 4 $357.00
BR 2 12 , 953 . 00 BR 3A 1,705. 00
BR 3B 209.00
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 fee simple title in the name of the
State of Texas on Parcels #BR 1, #BR 2, #BR 3 , #BR 3A, and
BR 4, and in the name of the City of Wichita Falls on Parcel
BR 3B.
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 State of Texas for the FM 2380
Bridge Project.
PASSED AND APPROVED this the 3rd day of April, 1990.
A Y O R
ATTEST:
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City lerk