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Res 085-90 5/1/1990RESOLUTION NO. 85-90 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, the U.S. Army Corps of Engineers has designated approximately fifty parcels of permanent right-of-way and twenty- five temporary construction easements for Phase III of the Holliday Creek Project; and, WHEREAS, the appraisals have now been completed on 26 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 title are as follows: Parcel #83 A 1.73 acre tract out of the J. A. Scott Survey No. 7, A-295. Parcel #83-B (uneconomic remainder) A 0. 31 acre tract out of the J. A. Scott Survey No. 7, A-295. Parcels #83 and #83-B being fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on April 3 , 1990. Parcel #109 LW A 0. 24 acre tract out of Lot 7, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 22, 1990. Parcel #110 LW A 0. 21 acre tract out of Lot 8, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 22, 1990. Parcel #111 LW A 0.06 acre tract out of Lot 6, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 23 , 1990. Parcel #114 LW A 0. 16 acre tract out of Lot 11, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 20, 1990. Parcel #115 LW A 0. 14 acre tract out of Lot 12, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 20, 1990. Parcel #118 LW A 0. 10 acre tract out of Lot 15, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 19, 1990. Parcel #119 LW A 0. 08 acre tract out of Lot 16, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 19, 1990. Parcel #120 LW A 0. 06 acre tract out of Lot 17, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 16, 1990. Parcel #121 LW A 0. 05 acre tract out of Lot 18, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 16, 1990. Parcel #122 LW A 0.03 acre tract out of Lot 19, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 15, 1990. Parcel #123 LW A 0.04 acre tract out of Lot 20, Kell Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on March 15, 1990. Parcel #124 LW All of Lot 21, Kell Subdivision out of the Day Land and Cattle Company Survey, Abstract 613. Parcel #127 LW Tract I A 7. 27 acre tract out of Block 27, Denton County School Lands. Parcel #127 LW Tract II A 0. 0003 acre tract out of Block 27, Denton County School Lands. Parcels #127 LW (Tracts I and II ) being fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc. , on February 7, 1990. Parcel #127 TCE (uneconomic remainder) A 4.01 acre tract 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 15, 1990. The legal descriptions of the 36 month temporary construction easements to be acquired are as follows: Parcel #109 TCE A 0. 04 acre tract out of Lot 7, Kell Subdivision. (Biggs & Mathews survey, March 22, 1990. ) Parcel #110 TCE A 0.03 acre tract out of Lot 8, Kell Subdivision. (Biggs & Mathews survey, March 22, 1990) . Parcel #111 TCE A 0. 09 acre tract out of Lot 6, Kell Subdivision. (Biggs & Mathews survey, March 23, 1990) . Parcel #114 TCE A 0.04 acre tract out of Lot 11, Kell Subdivision. (Biggs & Mathews survey, March 21, 1990) . Parcel #115 TCE A 0. 03 acre tract out of Lot 12, Kell Subdivision. (Biggs & Mathews survey, March 20, 1990) . Parcel #118 TCE A 0. 03 acre tract out of Lot 15, Kell Subdivision. (Biggs & Mathews survey, March 19, 1990) . Parcel #119 TCE A 0.03 acre tract out of Lot 16, Kell Subdivision. (Biggs & Mathews survey, March 19, 1990) . Parcel #120 TCE A 0.03 acre tract out of Lot 17, Kell Subdivision. (Biggs & Mathews survey, March 16, 1990) . Parcel #121 TCE A 0. 03 acre tract out of Lot 18, Kell Subdivision. (Biggs & Mathews survey, March 16, 1990) . Parcel #122 TCE A 0. 03 acre tract out of Lot 19, Kell Subdivision. (Biggs & Mathews survey, March 15, 1990) . Parcel #123 TCE A 0. 04 acre tract out of Lot 20, Kell Subdivision. (Biggs & Mathews survey, March 15, 1990) . SECTION 3 . The amount of just compensation for the above described parcels is to be set as follows: 83 & #83-B 43 , 000. 00 109 TCE 52.00 109 LW 3,084. 00 110 TCE 39. 00 110 LW 18,461. 00 111 TCE 131.00 111 LW 3 ,066. 00 114 TCE 52.00 114 LW 2,847.00 115 TCE 39.00 115 LW 2,579.00 118 TCE 39. 00 118 LW 1, 307.00 119 TCE 39.00 119 LW 1,723 .00 120 TCE 39. 00 120 LW 1,456. 00 121 TCE 39.00 121 LW 1, 293. 00 122 TCE 39. 00 122 LW 13 , 424. 00 123 TCE 52.00 123 LW 523 . 00 124 LW 2, 962. 00 127 LW & TCE 58,214. 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 fifteen parcels described above and thirty-six month temporary construction easements to the eleven 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 1st day of May, 1990. ryM(A Y R ATTEST: City Clerk