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Res 045-88 3/15/1988� d RESOLUTION NO. RESOLUTION APPROVING THE APPRAISAL OF PARCELS #22, #22 -A, #23, #23 -A, #24, #25, AND #26 FOR THE HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, plans for Phase II of the Holliday Creek Channel Improvement Project have now been completed, and preparations have begun for the property acquisition for this portion of the project; and, WHEREAS, seven parcels of property have been appraised by Henderson Appraisal and Consultants, an independent appraisal firm employed by the City of Wichita Falls, and the 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 drainage and utility easements on Parcels #23, #24, #25 and #26 and fee simple title to Parcels #22, #22 -A, and #23 -A on the hereinafter described property for the purpose of constructing the Holliday Creek Channel Improvement Project. Section 2. The legal descriptions of the drainage and utility easements located in Wichita Falls, Wichita County, Texas, to be acquired are as follows: Parcel #23 A 0.051 acre tract out of Block 9 of the Kemp and Newby Subdivision of the Southeast quarter of the J. A. Scott Survey No. 11 as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc., on February 17, 1988. Parcel #24 A 0.282 acre tract out of Block 9 and Holliday Avenue of the Kemp and Newby Subdivision as fully described by metes and 1 bounds in a field survey prepared by Biggs & Mathews, Inc., on February 17, 1988. Parcel #25 A 0.893 acre tract out of Lot 1 of the E. P. Schwartz Subdivision of part of Holliday Avenue and part of Block 10 of the Kemp and Newby Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc., on February 17, 1988. Parcel #26 A 0.485 acre tract out of Block 9, Block 10, and part of Holliday Avenue of the Kemp and Newby Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc., on February 17, 1988. The legal descriptions of the property to be acquired in fee simple title are as follows: Parcel #22 A 0.1837 acre tract, more or less, out of Block 9 of the Kemp and Newby Subdivision as further described by metes and bounds in a deed recorded in Volume 1048, Page 758 of the Wichita County deed records. Parcel #22 -A A 0.1377 acre tract, more or less, out of Block 9 of the Kemp and Newby Subdivision, as further described by metes and bounds in a deed recorded in Volume 942, Page 54 of the Wichita County deed records. Parcel #23 -A A 0.1607 acre tract, more or less, out of Block 9 of the Kemp and Newby Subdivision, as further described by metes and bounds in a deed recorded in Volume 733, Page 179 of the Wichita County deed records. Section 3. follows: The amount of just compensation is to be set as OA Drainage and utility easements #23 $ 222.00 #24 1,228.00 Fee simple title #22 $ 960.00 #22 -A 720.00 #25 $11,952.00 #26 3,380.00 #23 -A $ 840.00 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 drainage and utility easements on Parcels #23, #24, #25, and #26 and fee simple title to Parcels #22, #22- A, and #23 -A as 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 Holliday Creek Channel Improvement Project. PASSED AND APPROVED this the 15th day of March,,, 1988. ATTEST: City 'Clerk &$og —/ 3 M A Y O 1 R