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Res 076-90 4/17/1990D RESOLUTION NO. 7 -f? RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR PHASE III OF THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, approximately fifty parcels of property have been designated as permanent right-of-way and twenty-five parcels are required for temporary construction areas for Phase III of the Holliday Creek Project; and, WHEREAS, the appraisals have been completed on 18 parcels and such appraisals have been 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 providing right- of-way and temporary construction areas for Phase III of the Holliday Creek Project. SECTION 2. The legal descriptions of the parcels to be acquired in fee simple title are as follows: Parcel #84 A 6 . 86 acre tract (Tract I 6 . 04 ac. ; Tract II . 25 ac. ; Tract III . 57 ac. ) out of Lot 1, Reeves Subdivision out of the J. A. Scott Survey No. 6, Abstract 301, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on January 31, 1990. Parcel #85 A 0. 01 acre tract out of the J.A. Scott Survey No. 7, Abstract 295, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on February 5, 1990. Parcel #94 LW All of Lot 13 , Block 2, Lakeside Lots out of the J. A. Scott Survey No. 6, Abstract 301. Parcel #98 LW All of Lots 13 and 14, Block 1, E. H. Metcalf Subdivision out of the J. A. Scott Survey No. 6, Abstract 301. Parcel #99 LW All of Lot 15, Block 1, E. H. Metcalf Subdivision, out of the J. A. Scott Survey No. 6 , Abstract 301. Parcel #100 LW All of Lot 16, Block 1, E. H. Metcalf Subdivision, out of the J.A. Scott Survey No. 6, Abstract 301. Parcel #101 LW All of Lot 17, Block 1, E. H. Metcalf Subdivision, of the J. A. Scott Survey No. 6, Abstract 301. Parcel #102 LW All of Lot 18, Block 1, E. H. Metcalf Subdivision, of the J. A. Scott Survey No. 6, Abstract 301. Parcel #103 LW All of a . 54 acre tract, Lot 2, Block 2, E. H. Metcalf Subdivision, of the J. A. Scott Survey No. 6, Abstract 301. Parcel #104 LW A 0. 18 acre tract out of the J. A. Scott Survey No. 6, Abstract 301, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 8, 1990. Parcel #112 LW All of Lot 9, Kell Subdivision of the J. A. Scott Survey No. 6, Abstract 301. Parcel #125 LW All of Lot 22, Kell Subdivision of the J. A. Scott Survey No. 6, Abstract 301, and the Day Land and Cattle Company Survey, Abstract 613 . Parcel #126 LW A 0. 35 acre tract out of Lot 2, Block 1, Bridges Subdivision out of Block 27, Denton County School lands, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on February 6, 1990. The legal descriptions of the 36 month temporarygP construction easements to be acquired are as follows: Parcel #91 TCE A 0.0004 acre tract out of Lot 6, A. D. Fenoglio Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 9, 1990. Parcel #92 TCE A 0.01 acre tract out of Lot 7, A. D. Fenoglio Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 9, 1990. Parcel #93 TCE A 0.03 acre tract out of Lot 8, A. D. Fenoglio Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 9, 1990. Parcel #104 TCE A 0. 13 acre tract out of the J. A. Scott Survey No. 6, Abstract 301, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. ,on March 9, 1990. Parcel #126 TCE A 0. 83 acre tract out of Lot 2, Block 1, Bridges Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on February 15, 1990. SECTION 3 . The amount of just compensation for the above described parcels is to be set as follows: Parcel #84 44,823 . 00 112 LW 28,500. 00 85 409. 00 125 LW 2,940. 00 94 LW 21,000. 00 126 LW 14,185.00 98 LW 22,000. 00 91 TCE 1. 00 99 LW 2, 822 . 00 92 TCE 13 . 00 100 LW 3, 024. 00 93 TCE 39. 00 101 LW 3 ,269. 00 104 TCE 283 .00 102 LW 16,000. 00 126 TCE 3 , 254. 00 103 LW 16,500. 00 104 LW 3 , 921. 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 to the thirteen parcels described above and thirty-six month temporary construction easements to the five parcels described above in the name of the City of Wichita Falls. SECTION 4. In the event the Property Administrator is unable to purchase these 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 Phase III of the Holliday Creek Project. PASSED AND APPROVED this the 17th day of April, 1990. V " i / A Y /O R ATTEST: 4)_ City Clerk