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Res 069-89 5/16/1989RESOLUTION NO. 69 -89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR THE SEYMOUR HIGHWAY COMPONENT OF THE 1988 -89 UTILITY IMPROVEMENTS PROGRAM, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, three tracts of land have been designated for acquisition to accommodate a new gravity sewer line on the Seymour Highway; and, WHEREAS, the appraisals have been completed on these tracts, 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 new gravity sewer line in the 4000 Block of the Seymour Highway, as identified in the 1988 -89 Utility Improvement Program. SECTION 2. The legal descriptions of the utility easements to be acquired are as follows: Parcel #SH -1 A 0.88 acre tract out of the Robert Evans Survey, Abstract No. 74. Parcel #SH -2 A 0.34 acre tract out of the Robert Evans Survey, Abstract No. 74 Parcels #SH -1 and #SH -2 being fully described by metes and bounds in a field survey prepared by Corlett, Probst & Boyd, Inc., on May 1, 1989. Parcel #SH -3 A 0.42 acre tract out of the Robert Evans Survey, Abstract No. 74, as fully described by metes and bounds in a field survey prepared by Corlett, Probst & Boyd, Inc., on March 29, 1989. SECTION 3. The amount of just compensation for the utility easements to be acquired are as follows: Parcel #SH -1 $4,224.00 #SH -2 1,632.00 #SH -3 1,344.00 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 #SH -1, #SH -2, and #SH -3, 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 the Seymour Highway component of the 1988 -89 Utility Improvements Program. PASSED AND APPROVED this the 16th day of May, 1989. ATTEST: � i J Yt �� w1 A City elerk