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Res 137-89 9/6/1989RESOLUTION NO. 137-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS TO RELOCATE UTILITIES FOR PHASE III OF THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, two permanent easements and four temporary easements have been designated for acquisition in order to allow the relocation of a 12" and a 54" water line for Phase III of the Holliday Creek Project; and, WHEREAS, the appraisals have been completed on these 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 of relocatingCounty, Texas, for the purpose g ublic utilities forp Phase III of the Holliday Creek Project. SECTION 2. The legal descriptions of the permanent utility easements to be acquired are as follows: Parcel #83-W A 0.29 acre tract out of the John A. Scott Survey No. 7, Abstract 295, and being fully described by metes and bounds in a field survey prepared by Corlett, Probst & Boyd, Inc. on July 26, 1989. Parcel #84-W A 0. 0020 acre tract out of the John A. Scott Survey No. 7, Abstract 295, and being fully described by metes and bounds in a field survey prepared by Corlett, Probst & Boyd, Inc. on July 26, 1989. The legal descriptions of the temporary easements to be acquired are as follows: Parcel f77-TCE 1 (Temporary construction) A 0.77 acre tract out of the John A. Scott Survey No. 7, Abstract 295. Parcel #77-TCE 2 (Temporary access) A 1.76 acre tract out of the John A. Scott Survey No. 7, Abstract 295. Parcel #83-TCE 1 (Temporary construction) A 0.876 acre tract out of the John A. Scott Survey No. 7, Abstract 295. Parcel 184-TCE 1 A 0.006 acre tract out of the John A. Scott Survey No. 7, Abstract 295. Parcels #77-TCE 1 and TCE 2, #83-TCE 1, and #84-TCE 1 being fully described by metes and bounds in a field survey prepared by Corlett, Probst & Boyd, Inc. on July 26, 1989. SECTION 3 . The amount of just compensation for the above described easements to be acquired are as follows: Parcel #83 W 3 ,755.00 83 TCE 1 1,526.00 84 W 13 .00 84 TCE 1 5.00 77 TCE 1 54. 00 77 TCE 2 123 . 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 City Manager is hereby authorized to acquire utility easements on Parcels #83-W and 84-W, and temporary construction/access easements to expire March 1, 1990, on Parcels #77-TCE 1 and TCE 2, #83-TCE 1, and 84-TCE 1, described above, in the name of the City of Wichita Falls. SECTION 4. In the event the City Manager is unable to purchase such parcels for the appraised value, he 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 A for the property, the City Manager 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 Channel Improvement Project. PASSED AND APPROVED this the 6th day of September, 1989. M ' A Y 0 R ATTEST: City lerk