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Res 016-89 2/7/1989RESOLUTION NO. ! RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR PHASE II OF THE 48" SEWER LINE PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, three parcels of property have been designated for acquisition in order to accommodate the 48" gravity sewer line which is being constructed in conjunction with the Holliday Creek Project; and, WHEREAS, the appraisals have been completed on these three 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 accommodating a 48" sewer line which is being constructed in conjunction with the Holliday Creek Project. SECTION 2. The legal descriptions of the utility easements to be acquired are as follows: Parcel #ST26 -A A 0.14 acre tract out of Block 9, Kemp and Newby Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc., on December 28, 1988. Parcel #ST26 -B A 0.08 acre tract out of Block 9, Kemp and Newby Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc., on December 28, 1988. Parcel #ST26 -C A 0.20 acre tract out of Lot 4, Sayles Irrigation Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc., on December 29, 1988. SECTION 3. The amount of just compensation for the utility easements to be acquired are as follows: Parcel #ST26 -A $322.00 #ST26 -B 35.00 #ST26 -C 420.00 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 #ST26 -A, #ST26 -B, and #ST26 -C, 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 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 II of the 48" Sewer Line Project. PASSED AND APPROVED this the 7th day of February, 1989. ATTEST: City Jerk