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Res 084-89 6/6/1989RESOLUTION NO. 84-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR PHASE III OF THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, four parcels of property have been designated for acquisition in order to allow the relocation of water and sanitary sewer lines 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 County and Archer County, Texas, for the purpose of relocating public utilities for Phase III of the Holliday Creek Project. SECTION 2. The legal descriptions of the utility easements to be acquired are as follows: Parcel #77 WS Tract 1 A 0 .056 acre tract. Tract 2 A 0. 068 acre tract. Tracts 1 and 2 being part of an 83 . 32 acre tract out of the Day Land & Cattle Co. Survey, Abstract 613 , Wichita County, and the Harvey Cox Survey, Abstract 67, Archer County, and being fully described by metes and bounds in a field survey prepared by Corlett, Probst & Boyd, Inc. , in April, 1989. Parcel #79 WS A 0. 19 acre tract out of the Day Land & Cattle Co. Survey, Abstract 613 , and being fully described by metes and bounds in a field survey prepared by Corlett, Probst & Boyd, Inc. , in April, 1989. Parcel #81 WS A 0. 034 acre tract out of the Day Land & Cattle Co. Survey, Abstract 613 , and being fully described by metes and bounds in a field survey prepared by Corlett, Probst & Boyd, Inc. , in May, 1989. Parcel #88 WS A 0. 031 acre tract out of the Day Land & Cattle Co. Survey, Abstract 613 , and being fully described by metes and bounds in a field survey prepared by Corlett, Probst & Boyd, Inc. , in May, 1989. SECTION 3 . The amount of just compensation for the utility easements to be acquired are as follows: Parcel #77 WS $149.00 81 WS 41. 00 79 WS $228 . 00 88 WS 38. 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 #77 WS, #79 WS, #81 WS, and #88 WS, 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 III of the Holliday Creek Project. PASSED AND APPROVED this the 6th day of June, 1989. M Y O R ATTEST: City lerk